SHAH ALAM (Feb 12): The Malaysian government and political analyst Abdul Razak Baginda have been asked by the High Court here to pay over RM9 million to the family of slain Mongolian Altantuya Shaariibuu.

Judicial Commissioner M Sumathi Murugiah ordered the payments, including interests, to be made within 30 days into the account of Altantuya's father Shaariibuu Setev's solicitor Karpal Singh & Co following the decision.

Sumathi ordered the government and Abdul Razak to pay RM4.702 million each to Shaariibuu and his family.

She also asked that both each pay RM25,000 in costs to Shaariibuu. However, she allowed a conditional stay of the High Court order, pending their appeal over the 2022 decision that found them (the government and Abdul Razak) liable.

Should the government and Abdul Razak's appeal be successful, then the sum should be returned to them with interest within 30 days.

However, should their appeal be unsuccessful, then the money could be released to Shaariibuu within 30 days, unless ordered otherwise by the Court of Appeal, the judicial commissioner said.

The decision on Wednesday was confirmed by Shaariibuu’s counsel Sangeet Kaur Deo to The Edge.

It was previously reported that Shaariibuu wanted to enforce the government and Abdul Razak to pay the sum after High Court judge Datuk Vazeer Alam Mydin Meera (who is now a Federal Court judge) found former policeman chief inspector Azilah Hadri and former corporal Sirul Azhar Umar, along with the government and Abdul Razak, liable for Altantuya’s death.

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 for the woman's death.

This application by Shaariibuu and two others was filed through Messrs Karpal Singh on July 24 last year since the suit was filed in 2007.

Vazeer Alam in his grounds said although Abdul Razak had chosen not to testify and denied liability, the court found him liable to Shaariibuu’s claim of unlawful killing of the deceased.

He said the court had considered and found that Abdul Razak had a case to answer, as he had sought the assistance of both Azilah and Sirul to deal with the deceased.

“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 said, adding that Altantuya had come to Malaysia to seek compensation for translation work.

Although the court did not mention what translation work was involved, it was believed to be related to Malaysia’s acquisition of two Scorpene submarines.

Vazeer Alam said Abdul Razak had admitted that Azilah told him the policeman could "habiskan perempuan itu" (finish off the woman), and the political analyst replied "perkara sebegini kita jangan fikir" (we should not think of such things).

“He (Abdul Razak) nevertheless continued to seek Azilah’s assistance to deal with the deceased when she showed up outside his residence that fateful night.

“On the night of Oct 19, 2006, the deceased was made to come alone to Abdul Razak’s home. Abdul Razak’s hired private investigator P Balasubramaniam then called him, who was having a meal with his family at a hotel.

“Abdul Razak then called Azilah on the phone, and told him that the deceased was outside his house. Azilah then told Abdul Razak that he will go to his house. Abdul Razak then called Balasubramaniam, and told him to keep the deceased there until Azilah arrived. It was then that Azilah arrived at Abdul Razak’s house to take her in the car to Puncak Alam and ultimately kill her.”

The judge said when the evidence is considered as a whole, the court found that there is a case against Abdul Razak, as his own private investigator had advised him to lodge a police report and have Altantuya deported.

“Instead, Abdul Razak proceeded to enlist the assistance of a self-confessed killer to deal with the deceased. Even though Azilah had told Abdul Razak that he can 'habiskan perempuan itu', he did not stop enlisting Azilah’s assistance.

“The first defendant (Azilah) did not know the deceased. There was no reasonable motive to kill the deceased, and the only link was the third defendant (Abdul Razak), who wanted to stop the harassment,” the judge said.

Vazeer Alam added 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 government to be vicariously liable, as the two defendants carried out the killing in the capacity when they were policemen. Judgement is entered on liability,” the judge added.

Altantuya was killed between 10pm on Oct 19, 2006 and 1am on Oct 20, 2006 at a forest atop a hill near Puncak Alam.

Azilah, who was initially convicted and given the death sentence by the Federal Court in January 2015, had it reduced on Oct 10 last year to 40 years in jail and 12 strokes of the rotan.

Sirul, however, had left the country for Australia before the February 2015 decision and was initially held at the Australian immigration depot before being released last year.

Read also:
Altantuya's father wants to enforce judgement debtor summons against Razak Baginda
Azilah, Sirul, Razak Baginda and Govt found liable in Altantuya's death, ordered to pay RM5m damages
Azilah gets 40 years and 12 strokes of the rotan for Altantuya's murder