Najib not allowed to intervene in Altantuya murder conviction review
Former prime minister Najib Abdul Razak was not allowed to intervene in former police commando Azilah Hadri’s application to review his conviction and death sentence for the murder of Mongolian Altantuya Shaariibuu.
A five-person Federal Court bench chaired by Chief Judge of Malaya Azahar Mohamed unanimously dismissed the intervener application during open-court proceedings today.
The other members of the bench were Federal Court judges Mohd Zawawi Salleh, Vernon Ong Lam Kiat, Zaleha Yusof and Zabariah Mohd Yusof.
The bench allowed Najib's counsel...
Former prime minister Najib Abdul Razak was not allowed to intervene in former police commando Azilah Hadri’s application to review his conviction and death sentence for the murder of Mongolian Altantuya Shaariibuu.
A five-person Federal Court bench chaired by Chief Judge of Malaya Azahar Mohamed unanimously dismissed the intervener application during open-court proceedings today.
The other members of the bench were Federal Court judges Mohd Zawawi Salleh, Vernon Ong Lam Kiat, Zaleha Yusof and Zabariah Mohd Yusof.
The bench allowed Najib's counsel Muhammad Shafee Abdullah to appear in the hearing of Azilah's review application to hold a watching brief for Najib.
During proceedings, Shafee submitted that the former prime minister should be allowed to intervene.
Shafee argued that Najib's legal rights were affected by Azilah's review application, which was backed by an affidavit containing a serious allegation about Najib's involvement in Altantuya's murder.
In contrast, Azilah’s counsel Kuldeep Kumar and DPP Dusuki Mokhtar counter-submitted against the apex bench allowing the intervener bid.
They argued that the review was only over a criminal case between the applicant Azilah and the state, which has no effect on Najib.
On Oct 30, the Federal Court fixed today (Dec 8) to hear Najib's application to intervene in former police Special Action Unit (UTK) officer Azilah's review bid to quash his conviction and death penalty for the murder of Altantuya.
The Federal Court also set the same day to hear Azilah's review application.
The hearing of the two applications was initially fixed for Oct 21, but was vacated following the imposition of a conditional movement control order (MCO) in Selangor, Kuala Lumpur, and Putrajaya. The conditional MCO has since been lifted over Putrajaya.
In reading out the ruling today, Azahar (above) said it was clear that the interested parties in the matter were Azilah and the prosecution, not Najib.
Azahar noted that Najib would not be directly affected by the outcome of the review application as the former prime minister was never prosecuted over Altantuya’s murder.
“The proposed intervener (Najib) was never prosecuted and hence not an accused person.
“The proposed intervener would not be directly affected by any order of this court in the review application. The outcome of the review will not affect the proposed intervener.
“The proposed intervener’s legal right and interest is not connected to the subject matter of the review application.
“The parties in the review are the PP (public prosecutor) and Azilah, who are both able to assist the court in respect of the review,” Azahar said.
In dismissing the intervener application, Azahar said that Najib’s counsel Shafee is at liberty to appear before the bench to hold a watching brief for Najib.
Azilah filed his review application on Dec 5 last year, coupled with his 32-page statutory declaration, where he alleged that the order to kill Altantuya (photo) originated from then deputy prime minister Najib.
Azilah, 43, seeks an order to overturn his conviction and death sentence imposed by the Federal Court on Jan 13, 2015, as well as an order for a retrial of the case.
In December last year, Shafee reportedly claimed that his client, Najib, completely denied the allegations by Azilah.
Azilah and Sirul Azhar Umar, 47, were found guilty and sentenced to death by the High Court in Shah Alam in 2009 for Altantuya's murder.
The murder was allegedly perpetrated at Mukim Bukit Raja in Shah Alam between 10pm on Oct 19, 2006, and 1am the following day.
The duo was, however, acquitted by the Court of Appeal in 2013, which allowed their appeal to set aside the conviction and death sentence.
In 2015, the Federal Court overturned the acquittal of the two former police UTK officers and restored the High Court verdict of guilty against the duo.
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