Altantuya murder: Court orders govt to pay RM5m to family

The Shah Alam High Court ordered the government and three others to pay RM5 million to the family of Mongolian model Altantuya Shaariibuu who was murdered in 2006.

Civil court judge Vazeer Alam Mydin Meera’s verdict in favour of the family this morning comes 15 years after the civil action was filed in 2007.

The three plaintiffs - Shariibuu Setev and Altantseseg Sanjaa who are the deceased’s father and mother as well as Altantuya’s brother Mungunshagai Bayarjargal - are suing for RM100 million.

The suit targeted two former members of the Special Actions Unit (UTK) - Azilah Hadri and Sirul Azhar Umar - as well as political analyst Abdul Razak Baginda and the Malaysian government.

Altantuya was murdered in October 2006 and her remains were blown up with military-grade explosives. A separate criminal court convicted Azilah and Sirul of the murder and sentenced them to death in April 2009.

However, the criminal court acquitted Razak of abetting the murder without his defence being called in October 2008.

During proceedings conducted online today, Vazeer ordered the four defendants to also pay annual interest of five percent on the RM5 million compensation, as well as each defendant to pay costs of RM25,000 to the family.

Vazeer - who was previously elevated to the Court of Appeal but is today presiding in the High Court matter - ruled that the family succeeded in proving their civil suit against the four defendants on a balance of probabilities.

The judge said that the two former police officers were proven to have “ruthlessly killed” the deceased in an unlawful act of murder, based on the testimony of several witnesses for the family.

Vazeer said the testimony of the Kuala Lumpur Hospital’s forensic department chief Dr Mohd Shah Mahmood showed that Altantuya was shot and “blown to bits” with explosives strapped to her naked body, with the explosion of considerable force sending flesh and bone bits scattered at various spots in a forest at Puncak Alam, Shah Alam, Selangor.

Vazeer noted that Razak is also liable because he is the link to Azilah and Sirul’s involvement in the murder in late October 2006.

The judge pointed out that the two former police officers did not know the victim if not for Razak seeking assistance from Azilah to deal with the issue of Altantuya trying to meet Razak at his (Razak’s) house.

Vazeer said testimony during the civil court trial of the suit showed that Altantuya and her cousin Namiraa Gerelmaa came to Malaysia in October 2006 in order to meet Razak, whom the judge noted was “with whom she was in a relationship at the time” (referring to Altantuya).

Razak sought assistance from duo

The judge said Namiraa’s testimony pointed to Altantuya wanting to collect payment from Razak over translation work she did for him in Paris, France.

However, the court did not go into further detail on the translation work done by Altantuya for Razak.

Vazeer said Razak, in his statement of defence, admitted to engaging the assistance of Azilah to deal with the issue of Altantuya disturbing Razak.

Vazeer noted that while Razak’s testimony claimed to have disagreed with Azilah’s claim that the then police officer could “finish off the woman” as he (Azilah) had allegedly done it before, the judge pointed out that Razak nevertheless continued to seek the then police officer’s assistance.

“The first and second defendants (Azilah and Sirul) did not know the deceased prior to the fateful date of Oct 19, 2006 (when the two former cops met Altantuya outside the home of Razak and escorted her away).

“There is a discernible motive for the first and second defendants to blow her up with high-grade explosives.

“The only link between the first and second defendants and the deceased was the third defendant (Razak),” Vazeer said.

The judge also said the government who is the fourth defendant is vicariously liable for the unlawful actions of Azilah and Sirul which utilised resources of the police force.

In awarding the judgment sum, Vazeer ruled that RM5 million is an appropriate sum for the case because the initial sum of RM100 million sought by the family was "excessive and cannot be justified".

Lawyer Sangeet Kaur Deo represented the family while Azilah and Sirul were not represented.

Counsel Manjeet Singh Dhillon acted for Razak while senior federal counsel Zetty Zurina Kamaruddin appeared for the government.

Azilah is currently in jail on death row in a Malaysian prison.

Sirul however fled to Australia, prior to the Malaysian apex court upholding the duo's conviction and death sentence in 2015.

The Federal Court quashed an earlier Court of Appeal decision that quashed the guilty verdict of the two men. Sirul flew to Australia after the Court of Appeal ruling and while the prosecution was appealing to the apex court.

Sirul is currently under the custody of the Australian authorities, who have a policy of not deporting anybody facing the death penalty in the country of origin.

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