Malaysia

Altantuya’s family appeals against dismissal of application for statements

They want to use this as evidence in their psychological trauma civil suit

Updated 5 years ago · Published on 02 Dec 2020 3:57PM

Altantuya’s family appeals against dismissal of application for statements
Altantuya Shaariibuu's family filed a RM100 million suit against two former policemen, political analyst Abdul Razak Baginda and the Malaysian government in June 2007. – Pixabay pic, December 2, 2020

KUALA LUMPUR – The family of Altantuya Shaariibuu, a Mongolian model who was murdered in Shah Alam in 2006, has filed an appeal against the high court’s dismissal of their application to obtain statements recorded from those investigated by the police in connection with the case, to be used in their civil suit.

Altantuya's father, Shaariibuu Setev, his wife and their two grandsons, filed the RM100 million suit against two former policemen – Azilah Hadri and Sirul Azhar Umar – political analyst Abdul Razak Baginda and the Malaysian government on June 4, 2007.

Counsel for Altantuya's family, Sangeet Kaur Deo, said the appeal was filed on August 14.

“The appeal was fixed for case management before Court of Appeal deputy registrar Noridah Adam on January 18 via e-review,” she said.

On July 22, Datuk Vazeer Alam Mydin Meera, the trial judge in the civil case at the Shah Alam High Court, in dismissing the application, ruled that the statements had been taken in confidence and for the purpose of the criminal trial.

The judge, who has since been elevated to the Court of Appeal, also said that disclosure of the statement could be highly prejudicial to any future investigations or pending investigations.

Meanwhile, Sangeet said the trial will resume on January 11 till 15 next year.

So far, 10 witnesses for Altantuya’s family have testified in the civil case, which began in January last year.

In their statement of claim, the family alleged that Altantuya’s death had caused them mental shock and psychological trauma, entitling them to be compensated with exemplary and aggravated damages.

Razak was charged with conspiring with Azilah and Sirul Azhar to kill Altantuya, 28, in 2006, but he was acquitted of the charge in October 2008 without having to enter his defence, while Azilah and Sirul Azhar were found guilty in 2009.

On August 23, 2013, the Court of Appeal allowed Azilah and Sirul Azhar's appeal and acquitted them of the charge but their acquittal was overturned by the Federal Court on January 13, 2015, following the prosecution's appeal.

Sirul later fled to Australia and is currently being held at an immigration detention centre there, and on December 5 last year, Azilah, who is on death row at Kajang Prison, filed his review application to set aside his conviction and death sentence and order a retrial. – Bernama, December 2, 2020

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