Altantuya murder: Application filed to force an appeal

Lawyer Karpal Singh, acting on behalf of Altantuya Shaariibuu's family, has filed an application at the Shah Alam High Court to compel the prosecution to appeal against the acquittal of political analyst Abdul Razak Baginda.

Karpal filed another application for an extension of time to allow the prosecution to file the appeal.

The affidavit further sought to get the prosecution to apply to the Court of Appeal for a warrant to either remand Abdul Razak pending the appeal or to grant him bail.

"Essentially we are asking for leave to apply for an order of certiorari (a writ seeking judicial review) to quash the decision of the attorney-general (AG) to not appeal the decision of the High Court judge,” Karpal told reporters today.

The applications were made on behalf of Altantuya's father Setev, following the decision by the public prosecutor not to appeal against the acquittal of Abdul Razak on Oct 31, at the end of the prosecution case. Its deadline expired on Nov 14.

"It is respectfully stated the AG did not exercise the prosecutorial discretion reposed in him under Article 145(3) of the federal constitution [...] which was a legitimate expectation on the part of the applicant (Setev Shaariibuu, left ) whose daughter [...] was murdered under horrendous circumstances [...] unprecedented in the history of criminal prosecution, perhaps in the world," the affidavit reads.

"The AG was constitutionally bound, having regard to the facts and the circumstances and the evidence led by the prosecution, to have exercise his discretion to file an appeal against the acquittal and discharge of Abdul Razak.”

‘Limitations to discretion’

Karpal explained that the AG, being the “highest legal officer”, is required by law to exercise his discretion fairly, reasonably and in public interest, and “not arbitrarily, oppressively or fancifully”.

“This is the first time we are taking it head on... there have been authorities in the past that said that no one can question the discretion of the AG and if you want to see it through, it ought to be done in another forum (the Parliament).

“We are saying that the discretion of AG... to institute proceedings of even filling an appeal is not absolute.”

The senior lawyer said a declaration is being sought that the AG's discretion can be questioned in the High Court, adding that discretion given to anyone under the law must have limitations.

“Since the amendments to the constitution were made in 1993, even the Agong and the rulers have been subjected to the law... I can't see how the AG can be exempted from the law by way of acting as he pleases without anyone to question him.”

Chief inspector Azilah Hadri, 32 and corporal Sirul Azhar Umar, 37, from the elite Special Action Force have been told to enter their defence to the charge of murder of the Mongolian national.

They face the death penalty if convicted.

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