SHAH ALAM (Aug 29): Shaariibuu Setev, the father of murdered Mongolian model Altantuya Shaariibuu, has filed a judgement debtor summons against Abdul Razak Baginda to demand the political analyst make payment for an overdue debt of RM9.261 million.
The judgement debtor summons is for an outstanding debt of RM5 million in general, aggravated and exemplary damages, along with RM4.261 million in interests, awarded by the High Court here in December 2022, that found Abdul Razak and the government — through its two former police officers — vicariously liable over the woman's death.
This application by Shaariibuu and two others was filed through Messrs Karpal Singh on July 24 since the suit was filed in 2007.
A judgement summons is an application by a creditor requiring the debtor to attend court in circumstances where payment is due under an outstanding debt.
However, Razak Baginda through his solicitors from Messrs Dass, Jainab and Associates had on Aug 22 applied for a stay of the judgement debtor proceedings and also sought to strike out the summons, citing the amount quoted was incorrect and confusing.
Razak Baginda, besides questioning the sum, also cited the appeal filed by him and the cross-appeal by Shaariibuu and others over the High Court’s decision.
A case management was called before Shah Alam High Court senior assistant registrar Muhammad Firdaus Abdul Rashid on Wednesday. Muhammad Firdaus has fixed Nov 12 for another case management before him for Shaariibuu and Razak Baginda’s application.
In June, Altantuya’s father filed an application for leave (permission) to enforce the High Court’s judgement for the government and three others, including Razak Baginda, to pay RM5 million in damages, in addition to another RM4.261 million in interest, over her death.
The application, which is seeking, among others, for the defendants to pay RM25,000 in costs, was also filed through Messrs Karpal Singh & Co on June 17.
While Razak Baginda was questioning the sum of RM9.261 million in the judgement debtor summons, the notes of proceedings by then Court of Appeal judge Datuk Vazeer Alam Mydin Meera (now Federal Court judge) on the quantum and enforcement of the sum was clear.
This follows when parties (the government in particular) were questioning whether the sum should be paid jointly or severally by the defendants.
Vazeer Alam explains enforcing judgement
In notes of proceedings dated Jan 20, 2023, sighted by The Edge, to clarify the matter, Vazeer Alam said if it is not stated as joint and several, then it is to be divided equally.
“But if stated as joint and several, then each and every one of the defendants will be severely liable and then you can take it from there, whether you seek indemnity and all that subsequently. That is why we now use that term to make it clear,” the judge had said.
“The plaintiff (Shaariibuu) can enforce the judgement on any defendants,” he added.
In explaining further, Vazeer Alam also addressed that should one party (defendant) pay the whole sum, then the judge explains that they could seek indemnity from the other defendants for their portion (to be paid).
“This is if they want to do it. That is how it is working out now. If it is not mentioned jointly or severally, it means that it is to be divided equally,” the judge said.
During the High Court decision, the judgement was enforced jointly.
Vazeer Alam, in finding Razak Baginda, government and former police officers chief inspector Azilah Hadri and corporal Sirul Azhar Umar liable, said there was no reasonable motive for Azilah and Sirul to kill the deceased.
“The only link was the third defendant (Razak Baginda), who wanted to stop harassment [by Altantuya],” the judge ruled.
Vazeer Alam 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 Razak Baginda had a culpable role in the death of the deceased. If not for Razak Baginda, 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.
Azilah is currently on death row, while Sirul, who left the country before the Federal Court judgement in 2015 that upheld their conviction and death sentence, is in Australia after being released from immigration detention.