Shaariibuu Setev, the father of slain Mongolian translator, Altantuya, has to prove again that the two police officers and the government are liable for her murder, in his RM100 million suit.

This is after the High Court judge in Shah Alam, Justice Vazeer Alam Mydin Meera, ruled today that the court is bound by Section 43 of the Evidence Act, whereby proceedings in the criminal trial in the Federal Court judgment, which had found Azilah Hadri and Sirul Azhar Umar guilty of her murder, cannot be used in civil proceedings.

This was revealed by Shaariibuu's lawyer Sangeet Kaur Deo.

Sangeet said they have received instructions to appeal today's decision.

She said maybe it is high time the government, especially the attorney-general (Tommy Thomas) looked into amending the Evidence Act, as the United Kingdom and Singapore have amended the law to allow criminal proceedings to be used in a civil trial.

Sangeet said with today's decision, the plaintiff would have to call the witnesses used in the High Court hearing, including the police.

The family filed an RM100 million lawsuit in 2008 against Azilah, Sirul, political analyst Abdul Razak Baginda and the government, for Altantuya's murder in 2006.

Sangeet (photo) said the trial for their case has been fixed for January and now she and the other lawyers have to rethink calling witnesses who had testified in the criminal trial to testify in the civil proceedings.

"Some 80 witnesses testified in the criminal trial, and we will study who to call (if their appeal fails), albeit in the civil (suit) the burden of proof is less than in a criminal trial," she said.

The lawyer also earlier questioned the outcome of the suggestion to have the murder case reopened, as highlighted by the new government, as there has been no progress.

It was previously reported that Sangeet wanted the court proceedings in the criminal trial and the Federal Court decision of February 2015 to be used in the civil proceedings.

She said the government's application for leave to appeal against it being reinstated in the civil suit has been fixed for Nov 12.

This follows the Court of Appeal reinstating the government as a defendant in the suit in March, after the High Court removed it last August.