Altantuya suit: Appeals court lowers damages to RM1.4m, frees govt of liability

The Court of Appeal has fully discharged the government from liability over the 2006 death of Mongolian model Altantuya Shaariibuu.

It also reduced the initial court-ordered global damages from RM5 million to RM1.4 million payable to the deceased’s family.

This morning, a panel of three judges, led by Chief Judge of Malaya Hashim Hamzah, allowed the government’s appeal against the Shah Alam High Court’s 2022 verdict.

However, it dismissed a separate appeal filed by the third defendant, political analyst Abdul Razak Baginda, after finding his contention was untenable.

The panel’s verdict, read out by judge K Muniandy, found there was no evidence that former Special Actions Unit commandos Azilah Hadri and Sirul Azhar Umar were acting under the government’s instruction in Altantuya’s murder.

Azilah and Sirul were the first and second defendants in the case.

“Murder is the antithesis of the duty to protect life and make peace.

“It is an act so far removed from the authorised duty of a police officer that it severs the connection between the employer and the employee,” Muniandy said.

Presiding with Hisham and Muniandy today was judge Azman Abdullah.

Razak’s appeal dismissed

Meanwhile, Razak’s appeal was dismissed after the panel found his contention - that he did not intend to cause physical harm and his involvement in Altantuya’s murder was minimal - could not stand.

“It is an undisputed fact that (Azilah and Sirul) had no prior knowledge of, or relationship with, the deceased.

“They were strangers to her. Their presence at her hotel and the eventual interception of her at (Razak’s) house were entirely facilitated by information provided by him.

“Razak admitted to engaging Azilah to deal with the deceased. On the night of the incident, Razak’s private investigator, acting on his instruction, detained the deceased outside his residence until Azilah and Sirul arrived to take her away. This sequence of events demonstrates a common design to deprive the deceased of her liberty.

“Razak was in constant communication with Azilah on the night of the murder. Most tellingly, when the deceased went missing, and Razak subsequently lodged a police report, he intentionally withheld the crucial fact that he had seen the deceased being taken away by Azilah.

“Such conduct is inconsistent with that of an innocent party and points towards a shared intent to ensure the deceased disappeared,” said Muniandy.

He added that in the law of conspiracy, it is not necessary to prove that Razak pulled the trigger or handled the explosives used to blow up the model’s body.

He said it is sufficient to prove that Razak combined with the other defendants to perform an unlawful act, or a lawful act by unlawful means, against Altantuya.

The panel also found that the case trial judge was correct in concluding that both Azilah and Sirul had no independent motive to kill Altantuya.

“Their actions were a direct result of (Razak’s) solicitation and assistance.”

With today’s dismissal of his appeal, Razak remains liable to pay the damages awarded to the plaintiffs.

READ MORE: The Altantuya murder - a recap

Reduced award sum

The panel had reduced the initial damages sum of RM5 million to a total of RM1.409 million after finding the Shah Alam High Court’s award was vindicatory, which was not within the ambit of Section 7 of the Civil Law Act 1956 (CLA).

“In Malaysia, a claim for damages resulting from death is governed strictly by Section 7 of the CLA. This provision is designed to compensate for pecuniary losses suffered by the dependants, loss of support, and for funeral expenses.

“Section 7 does not provide for vindicatory damages intended to punish the wrongdoer or vindicate constitutional rights in a civil suit for dependency.

“As the global sum of RM5 million was awarded primarily on a vindicatory basis rather than a calculation of dependency loss, it cannot stand.

“Therefore, the award of RM5 million is set aside. The damages assessed are strictly limited to loss of dependency, calculated based on the deceased’s proven income at the (time of death)… (and using a multiplier) method strictly limited to the statutory sum provided under Section 7(3)(a), as well as funeral expenses as per Section 7(3)(b) of the CLA.”

The panel awarded RM384,000 in damages for loss of dependency to Altantuya’s family, calculated based on the proven monthly dependency of RM2,000 and multiplied by 16 years.

They also ordered the plaintiff to pay RM10,000 in statutory bereavement for Altantuya’s children and the family’s benefit, in accordance with Section 7(3)(a) of the CLA.

The aggravated damages were ordered at RM1 million, reflecting the outrageous and barbaric nature of the killing.

The panel also awarded special damages, with regard to funeral expenses of RM15,000 as well as five percent costs calculated from the date of Shah Alam High Court’s verdict, which was on Dec 16, 2022, until the damages are fully paid.

Seeking justice

On Dec 16, 2022, the High Court ordered all the defendants, including the government at that time, to pay RM5 million compensation to the family over Altantuya’s murder.

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

The Mongolian model 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.

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