KUALA LUMPUR (Oct 14): The lawyer for Shaariibuu Setev, the father of slain Mongolian Altantuya Shaariibuu, has on Monday asked the authorities to investigate former chief inspector Azilah Hadri’s additional affidavit that contains his statutory declaration (SD) that was not rebutted by the prosecution and was accepted by the Federal Court last Thursday (Oct 10).
Lawyer Sangeet Kaur Deo, acting for Shaariibuu, said it was highlighted in Azilah’s additional affidavit that contained among others, his original affidavit and the SD (that were originally submitted to the Federal Court in Azilah's conviction review in 2019, and which had also been left unrebutted).
“It is most significant that the said additional affidavit containing the affidavit and SD were not rebutted by the respondent, the public prosecutor.
“The affidavit includes uncontested claims that Azilah acted under explicit instructions, a fact left unchallenged by the public prosecutor, raising serious questions about the attorney general’s actions. The family of Altantuya Shaariibuu demands to know if these allegations have been investigated, and if not, why they remain unaddressed,” she said.
During proceedings last Thursday, Azilah’s counsel J Kuldeep Kumar told the court that the SD contained allegations that his client acted on instructions from Datuk Seri Najib Razak, who was then deputy prime minister and defence minister, and Najib’s then aide de camp deputy superintendent (DSP) Musa Safri, to take action and eliminate Altantuya, who was described as a foreign spy.
As a result, a three-member Federal Court bench led by Chief Justice Tun Tengku Maimun Tuan Mat commuted Azilah’s death sentence to 40 years imprisonment, and for him to be given 12 strokes of the rotan.
In arriving at the decision, the top judge in the unanimous decision said the court had the additional affidavit by the applicant (that also contains Azilah’s SD made in 2019), and the letter (by Shaariibuu), which had not been challenged by the prosecution.
“These are strong mitigating factors and valid reasons for us to exercise our discretion in favour of the applicant. The affidavit provides grounds for us to apply the proportionality principle, and the affidavit also exhibits a letter from the victim’s father, who expressly supported this application by the applicant for the death sentence to be commuted to life.
“For these reasons, this court is setting aside the death sentence, and is sentencing the applicant to 40 years, and for him to be given 12 strokes of the rotan, and the prison sentence is to run from Nov 1, 2006, excluding the period where he was released by the Court of Appeal,” Tengku Maimun had said.
Najib, however, in testifying in his defamation suit against former attorney general (AG) Tan Sri Tommy Thomas on Friday (Oct 11) at the Shah Alam High Court, denied giving such instructions and of even knowing Altantuya.
Will AG pursue Sirul Azhar’s return?
Sangeet added in Monday’s statement, that Shaariibuu’s civil suit had also led to serious findings of liability in relation to Abdul Razak Baginda and the Government of Malaysia, which remain unresolved, with appeals pending to-date.
“The AG as the guardian of the Rule of Law, has a duty to pursue every lead impartially, [and] to hold all individuals accountable, regardless of status, influence, or affiliation. Appropriate charges must be brought against all who were involved.
“Any hesitation or selective application of the law (or perception thereof) will rightly, erode public trust and confidence in the office of the AG,” she said.
Sangeet also said that Altantuya’s family had further asked for an update from the AG as to the next steps in relation to the extradition of former corporal Sirul Azhar Umar, who had been jointly convicted with Azilah of the crime, following the recent amendments to the mandatory death penalty and the Federal Court’s corresponding decision to commute Azilah’s death sentence to imprisonment and whipping.
However, Sirul Azhar had left for Australia after being acquitted, and has just been released from immigration detention late last year, and is still there in Australia.
The AG has no excuse for further delay
Sangeet said the AG has no excuse for further delay (in taking action on Sirul).
“The AG is urged to act quickly and decisively in securing Sirul’s immediate return to face his sentence. Failing to pursue both cases (Azilah’s and Sirul’s) with equal vigour reinforces the dangerous perception that the Malaysian legal system protects the powerful, while failing the people it purports to serve,” she said.
Sangeet also called for transparency and action to provide answers and detailed public updates on its next steps, both on the unrebutted additional affidavit and pertaining to the extradition of Sirul Azhar.
“These recent developments demand urgent and transparent action. The family of the deceased seeks accountability and the rectification of this past injustice, under the [present] leadership of [Prime Minister] Datuk Seri Anwar Ibrahim’s government, especially when this government long championed this heinous murder in the past,” she added.
Last Thursday, it was reported that Shaariibuu had supported Azilah’s motion to reduce his death penalty sentence to imprisonment.
Last December, the Mongolian academic (Shaariibuu) had also won his suit against Abdul Razak, Azilah, Sirul Azhar, and the government for being found vicariously liable to Altantuya’s death in Oct 19, 2006; and the defendants have to pay RM5 million in damages.