Altantuya suit: Appeals court reserves judgment on govt, Razak's appeal

The Court of Appeal has reserved its judgment on the government and political analyst Abdul Razak Baginda’s appeal against the Shah Alam High Court’s decision, which allowed the family of model Altantuya Shaariibuu to proceed with their civil suit over her death in 2006.

A three-member bench, chaired by judge Hashim Hamzah, deferred its decision after hearing submissions from all parties. Case management has been fixed for Oct 27.

“We will not deliver our decision today. We need time to deliberate,” said Hamzah, who sat with judges Azman Abdullah and K Muniandy.

On Dec 16, 2022, judge Vazeer Alam Mydin Meera allowed the lawsuit filed by the model's family and ordered former police officers Azilah Hadri and Sirul Azhar Umar, Razak (above), and the government to jointly pay RM5 million in general, aggravated, and exemplary damages to the family.

The judge also awarded an interest of five percent per annum on the judgment sum, calculated from the date of the lawsuit's filing until full settlement, and ordered all four defendants to pay RM25,000 each in costs.

Earlier, senior federal counsel Nik Noor Nik Kar, representing the government, argued that the RM5 million awarded to the family was excessive and suggested a more reasonable amount would be RM1.38 million.

“The trial judge failed to distinguish the personal liability of each of the respondents and instead imposed a global award of RM5 million,” he said.

Counsel Gurdial Singh Nijar, representing Razak, also submitted that there was no direct evidence to show that the third respondent, Razak, had instructed the first and second respondents, Azilah and Sirul, to kill Altantuya.

His co-counsel, Abraham Au, argued that the RM5 million in damages awarded was unjustified.

“If the calculation for loss of income had taken into account Altantuya’s alleged monthly salary of RM6,000, the total would amount to roughly RM1.5 million, far lower than the RM5 million awarded. There was no legal basis for the High Court judge to grant such an amount,” said Abraham.

The family’s lawsuit

Counsel Sangeet Kaur Deo, representing Altantuya’s family, submitted that the trial judge was correct in granting the RM5 million award based on his discretion.

“It is a trite law that the appellate court would be slow to intervene in discretionary powers. This is not an issue for the appellant's intervention. I asked for this court not to disturb the High Court's finding,” she said.

Altantuya’s parents, Dr Shaariibuu Setev and Altantsetseg Sanjaa, along with their grandson Mungunshagai Bayarjargal, filed a RM100 million lawsuit on June 4, 2007, stating that Altantuya's death caused them mental shock and psychological trauma, and sought compensation as well as exemplary and aggravated damages.

Azilah was convicted in 2009, along with Sirul, for murdering Altantuya, at Mukim Bukit Raja in Shah Alam between 10 pm on Oct 19 and 1 am the following day in 2006. The Shah Alam High Court sentenced both men to death, while Razak was acquitted of abetting the murder.

On appeal, both Azilah and Sirul were discharged and acquitted by the Court of Appeal in 2013, but the Federal Court overturned their acquittal and confirmed their conviction and death penalty in 2015.

Sirul did not show up in court in 2015 for the Federal Court’s decision. He is believed to be in Australia.

On Oct 10, last year, the Federal Court commuted Azilah’s death sentence to 40 years in prison following a review application. He was also sentenced to 12 strokes of the rotan.

- Bernama

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