Altantuya's killer gets 40 years jail, 12 rotan strokes

Mongolian model Altantuya Shaariibuu’s murderer Azilah Hadri has escaped the gallows after the Federal Court today commuted the former police commando’s death sentence with 40 years in jail and 12 rotan strokes.

Altantuya, 28, was murdered in a deserted area in Shah Alam, Selangor, in October 2006. Her remains were blown up with military-grade explosives.

In reading out the panel’s unanimous ruling, Chief Justice Tengku Maimun Tuan Mat said the supporting letter from the victim’s family seeking jail time presented strong mitigating factors.

Speaking on behalf of fellow bench members Court of Appeal president Abang Iskandar Abang Hashim and Federal Court judge Nordin Hassan, she ruled that the victim’s father himself sought for Azilah to serve lifetime imprisonment.

No challenge to affidavit

Tengku Maimun noted that the prosecution did not challenge Azilah's supporting affidavit, which provided a strong mitigating factor to commute the death sentence to custodial term.

She was referring to Azilah's affidavit whereby the convict claimed that he killed Altantuya on orders from then-deputy prime minister Najib Abdul Razak and the minister's then-aide de camp, Musa Safri.

READ MORE: The Altantuya murder - a recap

In the affidavit affirmed in 2019, Azilah claimed that he was given the shoot-to-kill order as he was informed that Altantuya was a foreign spy possessing national secrets.

"We set aside the death sentence and substitute it with 40 years imprisonment from the date of arrest on Nov 1, 2006, as well as 12 rotan strokes," Tengku Maimun said as Azilah sat in the dock.

Today was the hearing of Azilah's review application to substitute his death penalty with life imprisonment.

In April 2009, the Shah Alam High Court found Azilah, 48, and fellow police commando Sirul Azhar Umar guilty of Altantuya’s murder and sentenced them to death.

Sirul, however, flew to Australia before the Federal Court reversed an earlier Court of Appeal verdict that discharged and acquitted the two men and reinstated their conviction and death sentence in 2015.

For overstaying a tourist visa, Australian authorities detained Sirul. Australia has a policy of not deporting individuals facing the death penalty in their country of origin.

In November last year, the 52-year-old was released from immigration detention and is understood to still be in Australia.

Counsel J Kuldeep Kumar acted for Azilah.

Deputy public prosecutor Mohd Dusuki Mokhtar, who objected to the review, appeared for the prosecution.

‘Najib’s direct order’

During apex court proceedings earlier today, Kuldeep argued that Azilah killed Altantuya because he was led to believe by his superior that she was a foreign spy possessing national secrets.

The lawyer submitted that his client was assured by Musa that the order came directly from Najib, who was then defence minister.

Kuldeep pointed out that his client was a dutiful and professional police officer who was led to believe that the murder was a covert operation for national security and must be carried out in secret.

The lawyer said Azilah was hesitant at first to carry out the act, but he was convinced by Musa to perform the operation.

“UTK (Unit Tindakan Khas or Special Task Unit of which Azilah was from then) is involved in covert operations.

“Instructions do not come in writing, they do not come in a memo, they come from commanding officers, and they (Azilah and Sirul) believed him (Musa). Secrecy is involved,” he said.

Kuldeep further noted that this was how police, Special Branch and other enforcement and intelligence agencies around the world have official secrets, where they carry out operations.

“They have to follow instructions from training and they are indoctrinated, they cannot disobey. They have no choice,” Kuldeep submitted.

In response, Dusuki countered that Azilah should not have just executed Altantuya without carrying out a further inquiry on whether she was really a foreign spy.

The deputy public prosecutor contended that public interest warranted the death sentence to remain against Azilah.

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