Department? Why didn’t you do it?
Mr Coomaraswamy: There were very good
reasons why I shouldn’t.
His Lordship: We are talking in
riddles. I accept that what you did you did with the best of intentions, and
that so far as you are personally concerned you feel that you did what was
right.
Mr Coomaraswamy went on to tell the judge
that he took the precaution of having another lawyer at his office, somebody
from an entirely different office and totally unconnected with the case, who
was there throughout the interview, and the purpose for which he was there was
also known to the witness, and there was absolutely no question of tampering
with the witness in any way.
His Lordship: It is not suggested in
your case. You say it was done under circumstances over which you had no
control. I accept your explanation.
Mr Coomaraswamy: In that case I
wouldn’t pursue this point.
His Lordship: And I shall tell the jury
in the clearest terms what their duties are in this case. If there is anything
you would like me to add to what I am going to say on this please let me know.
I will do it.
When, days later, Justice Buttrose began his
summing up he did in fact refer to this matter. He recalled that he had queried
the propriety and the wisdom of Mr Coomaraswamy interviewing the key witness
for the prosecution after Sunny Ang has been charged with murder. The judge
said that he had accepted Mr Coomaraswamy’s explanation, in that, according to
his lights at any rate, he did what he thought was proper in the interests of
his client. “You will,” said the judge, “remember that the boatman, in his
evidence, said that he never changed his story, nor did anyone ever ask him to
do so ... you will dismiss that incident from your mind entirely.”
Before the fifth day of the trial was over
the judge had been told to his astonishment that Yusuf had been brought to the
Supreme Court by Sunny Ang and a lawyer on 29 October 1964 (14 months after
Jenny had disappeared), to swear an affidavit.
His Lordship: The accused himself came
to Pulau Brani to see you?
Yusuf: Yes.
His Lordship: Who was the lawyer he
took you to?
Yusuf: I do not know the name of the
lawyer, my Lord. He is hunch-backed and bald-headed.
His Lordship: Let me look at those
affidavits. (He examines them.) Presumably somebody from Lim and Lee. Who is
this hunch-backed lawyer?
Mr Coomaraswamy: Mr Lim Tiong Quee, my
Lord.
His Lordship: More remarkable evidence,
Mr Coomaraswamy.
Mr Coomaraswamy: Well, this was long
before the accused was arrested.
His Lordship: I am once again
startled—not by you, but by what has been going on in this case. Very well, the
jury will no doubt form their own conclusion. Anyhow, the accused approached
you personally at Pulau Brani, brought you back and you saw somebody from Lim
and Lee. And you were then, presumably, asked to swear an affidavit. Right?
Yusuf: Yes.
Evidence was also given that Sunny Ang made
an affidavit (which was not read out in Court) and that Yusuf in his affidavit
said he agreed with it when it was read over to him.
Crown Counsel: Did the girl speak to
the accused in any language other than English?
Yusuf: The girl spoke one or two words
in Malay.
Crown Counsel: Can you remember what
they were?
Yusuf: ‘ Banyak chantek pandang dalam
ayer. ’ (Very beautiful under water.)
Crown counsel: The rest was in English
which you do not understand?
Yusuf: That is so.
Crown Counsel: Your affidavit confirms
that what Jenny said to the accused was true: how do you explain that, if you
don’t know what she said?
Yusuf: Well, I believed the accused
when he told me so.
Later, Yusuf was questioned about Sunny
Ang’s conduct. Crown counsel reminded him he had made a statement to Malaysian
Adjustment (an insurance investigation agency) that Ang was actually weeping.
In another statement he said he did not know whether the moisture on Ang’s face
was tears or sea water.
Yusuf: I remember that he was
Mr Coomaraswamy: There were very good
reasons why I shouldn’t.
His Lordship: We are talking in
riddles. I accept that what you did you did with the best of intentions, and
that so far as you are personally concerned you feel that you did what was
right.
Mr Coomaraswamy went on to tell the judge
that he took the precaution of having another lawyer at his office, somebody
from an entirely different office and totally unconnected with the case, who
was there throughout the interview, and the purpose for which he was there was
also known to the witness, and there was absolutely no question of tampering
with the witness in any way.
His Lordship: It is not suggested in
your case. You say it was done under circumstances over which you had no
control. I accept your explanation.
Mr Coomaraswamy: In that case I
wouldn’t pursue this point.
His Lordship: And I shall tell the jury
in the clearest terms what their duties are in this case. If there is anything
you would like me to add to what I am going to say on this please let me know.
I will do it.
When, days later, Justice Buttrose began his
summing up he did in fact refer to this matter. He recalled that he had queried
the propriety and the wisdom of Mr Coomaraswamy interviewing the key witness
for the prosecution after Sunny Ang has been charged with murder. The judge
said that he had accepted Mr Coomaraswamy’s explanation, in that, according to
his lights at any rate, he did what he thought was proper in the interests of
his client. “You will,” said the judge, “remember that the boatman, in his
evidence, said that he never changed his story, nor did anyone ever ask him to
do so ... you will dismiss that incident from your mind entirely.”
Before the fifth day of the trial was over
the judge had been told to his astonishment that Yusuf had been brought to the
Supreme Court by Sunny Ang and a lawyer on 29 October 1964 (14 months after
Jenny had disappeared), to swear an affidavit.
His Lordship: The accused himself came
to Pulau Brani to see you?
Yusuf: Yes.
His Lordship: Who was the lawyer he
took you to?
Yusuf: I do not know the name of the
lawyer, my Lord. He is hunch-backed and bald-headed.
His Lordship: Let me look at those
affidavits. (He examines them.) Presumably somebody from Lim and Lee. Who is
this hunch-backed lawyer?
Mr Coomaraswamy: Mr Lim Tiong Quee, my
Lord.
His Lordship: More remarkable evidence,
Mr Coomaraswamy.
Mr Coomaraswamy: Well, this was long
before the accused was arrested.
His Lordship: I am once again
startled—not by you, but by what has been going on in this case. Very well, the
jury will no doubt form their own conclusion. Anyhow, the accused approached
you personally at Pulau Brani, brought you back and you saw somebody from Lim
and Lee. And you were then, presumably, asked to swear an affidavit. Right?
Yusuf: Yes.
Evidence was also given that Sunny Ang made
an affidavit (which was not read out in Court) and that Yusuf in his affidavit
said he agreed with it when it was read over to him.
Crown Counsel: Did the girl speak to
the accused in any language other than English?
Yusuf: The girl spoke one or two words
in Malay.
Crown Counsel: Can you remember what
they were?
Yusuf: ‘ Banyak chantek pandang dalam
ayer. ’ (Very beautiful under water.)
Crown counsel: The rest was in English
which you do not understand?
Yusuf: That is so.
Crown Counsel: Your affidavit confirms
that what Jenny said to the accused was true: how do you explain that, if you
don’t know what she said?
Yusuf: Well, I believed the accused
when he told me so.
Later, Yusuf was questioned about Sunny
Ang’s conduct. Crown counsel reminded him he had made a statement to Malaysian
Adjustment (an insurance investigation agency) that Ang was actually weeping.
In another statement he said he did not know whether the moisture on Ang’s face
was tears or sea water.
Yusuf: I remember that he was
Similar Books
