KUALA LUMPUR (July 9): Shaariibuu Setev, the father of slain Mongolian Altantuya Shaariibuu, had last month filed an application for leave (permission) to enforce the High Court’s judgment for the government and three others, including political analyst Abdul Razak Baginda, to pay RM5 million in damages, in addition to another RM4.5 million in interest, over her death.

The application that includes for the defendants to pay RM25,000 in costs was filed through Messrs Karpal Singh & Co on June 17.

In the notice of application sighted by The Edge, Shaariibuu, his wife and a grandchild are seeking to enforce the judgment sum of RM5 million in general, aggravated and exemplary damages to be paid jointly by the government, two police officers and Abdul Razak, and another sum of RM4.5 million in interest.

This follows the Shah Alam High Court’s judgment in December 2022, which found the government vicariously liable for Altantuya’s death, owing to the civil suit filed against two police special action unit members, namely Chief Inspector Azilah Hadri and Corporal Sirul Azhar Umar, in the grisly death of the Mongolian in October 2006.

Messrs Karpal Singh filed to enforce the High Court’s judgment owing to the failure in progress in the settlement talks of the long-standing dispute, as both Shaariibuu, Razak, and the government had filed their appeals and cross-appeals over the decision.

The application for leave is scheduled for case management on July 17.

Shaariibuu’s counsel, Sangeet Kaur Deo, when contacted by The Edge, said the government, which is appealing both on liability and quantum, has however filed for a stay in the enforcement of judgment sum.

“They (the government) had not agreed on the settlement resulting in us filing to enforce the judgment. However, the government has filed a stay to enforce the judgment,” Sangeet added.

This would mean that Altantuya’s father will have to wait longer for the compensation, possibly after exhausting the appeal process.

On Dec 19, 2022, then-Court of Appeal judge Datuk Vazeer Alam Mydin Meera (now a Federal Court judge) ruled that Azilah, Sirul, Abdul Razak, and the government were vicariously liable over Altantuya’s death.

“There was no reasonable motive for Azilah and Sirul to kill the deceased. The only link was the third defendant (Abdul Razak), who wanted to stop harassment [by Altantuya],” the judge ruled.

Vazeer said there was no motive for Azilah and Sirul to kill Altantuya and blow her up with high-grade explosives.

“In the circumstances, I find that the plaintiffs have successfully proven on a balance of probabilities that Abdul Razak had a culpable role in the death of the deceased. If not for Abdul Razak, Azilah and Sirul would not have taken the deceased in their car from his residence and ultimately killed her.

"This court also found the fourth defendant (the government) to be vicariously liable, as the two defendants carried out the killing in their capacity when they were policemen. Judgement is entered on liability,” the judge added.

Following the judgment, all parties have filed an appeal to the Court of Appeal which is still pending.

Azilah is presently on Death Row, while Sirul Azhar, who left the country before the Federal Court judgment in 2015 that upheld their conviction and death sentence, is in Australia after being released from immigration detention.

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