Australia could refuse Malaysia's request to extradite former police personnel Sirul Azhar Umar, who faces the death sentence in Malaysia for murder.

Sources from the Australian Attorney-General's Chambers had told the Sydney Morning Herald that the country's extradition law does not allow a person to be surrendered to the demanding country for an offence punishable by death.

 

The refusal remains unless the country requesting extradition provided Australia, which has abolished the death penalty, with an undertaking that the person would not be executed.

Meanwhile, Deputy Home Minister Wan Junaidi Tuanku Jaafar also acknowledged that the Australian government might not extradite Sirul.

"However, it is too premature to say anything now.

"We have to use administrative channels to get him extradited to Malaysia. It is possible for a third-party to take him to the courts there (Australia) and stop him from coming back.

"Morally, Australia is obliged to return him. The Inspector-General of Police (Khalid Abu Bakar) is in touch with the police authorities there," he told reporters.

Malaysia has concluded treaties on extradition with six countries, including Australia.

When contacted, the police chief said Malaysia would wait for an official response before deciding on the next course of action.

Sirul, the second accused along with Azilah Hadri (right) , was convicted by the Federal Court on Tuesday of murdering Mongolian national Altantuya Shaariibuu between 10pm Oct 19 and 1am Oct 20, 2006.

The 43-year-old ex-corporal was reported by the police to have left Malaysia for Australia in October.

The Federal Court, in overturning the Court of Appeal's decision, found that Altantuya's jewellery - watch, earring and ring - found inside Sirul's jacket at his apartment, and that he had led the police to the scene of the crime, were sufficient circumstantial evidences to convict him.

In a related development, Azilah's lawyer Hazman Ahmad told Malaysiakini that the legal team has yet to make a decision on whether to file for a review over the Federal Court decision.

"If a decision is made, we would inform you," he said.

Sirul's lawyer Hasnal Rezua Merican said an instruction from the client was required before a review could be filed.

However, it is rare for criminal review applications to be filed with the Federal Court.