Court of Appeal denies bail for Abdul Razak
The Court of Appeal today dismissed an application by political analyst Abdul Razak Baginda to extend his RM1 million bail pending the disposal of his case in the murder of a Mongolian beauty.
The Court of Appeal today dismissed an application by political analyst Abdul Razak Baginda to extend his RM1 million bail pending the disposal of his case in the murder of a Mongolian beauty.
A three-member Court of Appeal bench headed by Justice Mokhtar Sidin unanimously struck out Abdul Razak's application to revise the Shah Alam High Court decision on Jan 5 not to extend his bail which had expired on that day.
Mokhtar said the application today was still premature and said the panel would not intervene before the High Court gives a final decision.
"This is a high-profile case, we have to be very careful about this," he said.
The appellate court also said that it can only act on rulings by lower courts.
And since the High Court is yet to rule on the bail application, there is no question of the Court of Appeal stepping in, said Mokhtar.
"There is no decision before us to revise. There is no decision for which we have to ... examine whether it is legal or illegal," he added.
The High Court had earlier denied the bail extension after Abdul Razak's counsel, Wong Kian Kheong, failed to file a formal application.
High Court judge KN Segara then fixed Jan 19 to hear Abdul Razak's bail application, giving his counsel time to file the application.
Abdul Razak had subsequently filed an appeal against that High Court decision to the Court of Appeal, which rejected it today.
He is being remanded at the Sungai Buloh prison.
Health reasons
Abdul Razak, 46, was charged with abetting in the murder of Altantuya Shaariibuu, 28.
He is alleged to have committed the offence at Bangunan Getah Asli in Jalan Ampang, Kuala Lumpur between 9.54am and 11.05am on Oct 18.
Police have said the 28-year-old model was having an affair with Abdul Razak, who has high political connections, and that she was kidnapped from outside his home.
Chief Inspector Azilah Hadri, 30, and Corporal Sirul Azhar Umar, 35, are charged with murdering Altantuya in Mukim Bukit Raja, Selangor between 10pm on Oct 19 and 1am on Oct 20.
All three will be tried on March 10, 2008 before Segara.
Abdul Razak was first granted bail by High Court Judicial Commissioner Mohd Zaki Md Yassin on Dec 14 on the condition that he surrendered his passport and reported to the Brickfields police station once a week.
Abdul Razak cited health reasons and that he was innocent until proven guilty. In his affidavit, he stated that he needed medical attention regularly.
Bail is rarely given in Malaysia for such serious offences, and the previous court's decision was attacked by lawyers for the family of the Mongolian woman.
In court today Abdul Razak, who appeared dishevelled and unshaven, was allowed to speak with his lawyers and family before being sent back to jail. He broke down in tears as he hugged his wife and daughter.
The analyst, who is closely linked to senior politicians including deputy prime minister Najib Razak, faces the death penalty if found guilty.
The Mongolian government has said it will monitor the trial, and urged Malaysia to ensure it is transparent and free from political interference.


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