Razak not testifying implies complicity in Altantuya's murder, court rules

Abdul Razak Baginda not taking the witness stand raised adverse inferences of his complicity in the murder of Mongolian model Altantuya Shaariibuu, the civil court ruled.

Judge Vazeer Alam Mydin Meera said that this happened when the political analyst decided not to testify against the lawsuit by the deceased’s family over the gruesome murder in 2006.

Razak is the third defendant targeted by the civil action, alongside former police commandos Azilah Hadri and Sirul Azhar Umar as well as the federal government.

Vazeer said this is especially so in light of Razak’s conduct before and after Altantuya’s death.

“There are questions that need answers and they can only be answered by the third defendant.

“However, despite the opportunity to explain all this away by taking the stand, he chose not to.

“There is clear oblique motive on the part of the third defendant in electing to submit that there is no case to answer and thereby not testifying under oath or calling witnesses on his behalf.

“In the circumstances, the court is entitled to invoke adverse inference under Section 114(g) of the Evidence Act 1950,” Vazeer said in the full written grounds of judgment released last week.

The civil court judge said that as a result and on the balance of probabilities, he found that the family succeeded in proving that Razak was complicit in the killing perpetrated by Azilah and Sirul.

On Dec 16, 2022, at the Shah Alam High Court, Vazeer allowed the lawsuit and ordered all four defendants to pay RM5 million compensation to the family.

However, both sides have since appealed to the Court of Appeal - the government and Razak seeking to quash the entire ruling, while the family is seeking higher compensation.

Criminal court acquittal

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.

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

Sirul, however, fled to Australia before the Federal Court upheld the duo’s conviction and death sentence in 2015.

The apex court reversed an earlier Court of Appeal decision that quashed the guilty verdict of the two men.

Sirul was previously under the custody of Australian authorities, who have a policy of not deporting anybody facing the death penalty in the country of origin. However, he has since been released.

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