PUTRAJAYA (Feb 24): Dr Shaariibuu Setev, the father of slain Mongolian translator Altantuya Shaariibuu, has filed an application at the Federal Court for leave to appeal against the Court of Appeal’s decision last month that had found the Malaysian government not vicariously liable for Altantuya’s death, which had been caused by two police officers in the murder.
In a statement, Shaariibuu’s counsel Sangeet Kaur Deo said they want the apex court to consider several questions of law arising from the civil proceedings.
“Among others, these include questions relating to the scope of vicarious liability of the government, where acts of state agents (the two policemen) result in the unlawful deprivation of life, and the statutory framework governing damages in civil claims arising from unlawful killing.
“In light of the public importance of these issues, it is appropriate that they now be considered by the Federal Court, which will have the opportunity to clarify the law in this important area,” Sangeet said in a statement.
The matter has now been fixed for case management on March 19, before Federal Court deputy registrar Wan Norazmin Kassim
On Jan 20, the Court of Appeal had allowed the government’s appeal and ruled that the government is not vicariously liable for Altantuya’s death, as it ruled that the two police commandos had acted outside their working hours, thus absolving the government of liability.
Altantuya was murdered more than 19 years ago, on Oct 18, 2006.
The Chief Judge of Malaya, Datuk Seri Hashim Hamzah, who led the Court of Appeal bench, upheld the High Court’s decision that former chief inspector Azilah Hadri, former corporal Sirul Azhar Umar, and political analyst Abdul Razak Baginda are liable for Altantuya’s death.
As the appellate court had allowed the government’s appeal, it also allowed a reduction in damages awarded to Altantuya’s family from a global sum of RM5 million to RM1.409 million to be borne jointly by Azilah, Sirul, and Abdul Razak.
The bench that also included appellate court judges Datuk Azman Abdullah and K Muniandy awarded RM1 million in aggravated damages and allowed only the dependency claim of RM384,000, bereavement expenses of RM10,000, and funeral expenses of RM15,000 to Altantuya’s family.
Muniandy, who had read the unanimous decision, said that then-High Court judge Datuk Seri Vazeer Alam Mydin Meera (now a Federal Court judge) had erred in his decision to decide that the government be held vicariously liable.
“The trial judge had erred in applying the close connection test, and this alone is the reasoning for setting aside liability on the government, as the police officers acted outside the scope of employment.
“This follows that the two police officers had acted outside their working hours and acted remotely as this was a private arrangement. The police officers had gone on a frolic of their own to do such horrendous things,” the judge had said.
Azilah and Sirul were convicted in 2009 of murdering Altantuya in Shah Alam between Oct 19 and 20, 2006. The Federal Court, in 2015, upheld their convictions and death sentences after overturning a prior acquittal by the Court of Appeal.
In October 2023, the Federal Court allowed Azilah’s review application and commuted his death sentence to 40 years’ imprisonment.
Read also:
Court of Appeal: Govt not vicariously liable for Altantuya’s death; Razak Baginda and two others held responsible
Altantuya murder: Family to appeal after court ruling cleared govt of liability
Azilah, Sirul, Razak Baginda and Govt found liable in Altantuya's death, ordered to pay RM5m damages