Malaysia

Sirul can apply to commute death sentence to something lighter: Saifuddin

If appeal successful, extradition process can begin, says home minister

Updated 2 years ago · Published on 14 Nov 2023 1:47PM

Sirul can apply to commute death sentence to something lighter: Saifuddin
Regarding Sirul Azhar Umar, Home Minister Datuk Seri Saifuddin Nasution Ismail (pic) explains that the extradition process can be carried out by Malaysian authorities if the former’s death sentence is changed to a lighter sentence, such as life imprisonment. – Bernama pic, November 14, 2023

FORMER member of the police’s Special Action Unit, Sirul Azhar Umar, who is presently in Australia, can submit a review application through a lawyer in the Malaysian courts to commute the death sentence against him over the crime of killing Altantuya Shaariibuu in 2006.

Home Minister Datuk Seri Saifuddin Nasution Ismail explained that the extradition process can be then carried out by Malaysian authorities if the death sentence is changed to a lighter sentence, such as life imprisonment.

He said that such a move could be considered as the death penalty can be commuted at the discretion of the court and presiding judge in line with the new policy introduced by the government.

The Dewan Rakyat had passed a bill to abolish the death penalty and substitute it with other more humane sentences earlier this year.

“Since Sirul Azhar has already been sentenced (to death), the next question is whether he can apply through his lawyer for the sentence to be reviewed,” Saifuddin was quoted as saying by Sinar Harian.

“There are now 1,267 criminals who have been sentenced to death by the courts and over 900 have come forward to apply for review.”

The circumstances of their convictions have not changed, but the sentences meted out to them can be reduced from the death penalty to life imprisonment, said the home minister.

“Does Sirul Azhar have the right through his lawyer? He can submit (the application) for this (review),” he added, stressing that if the application is successful, then the extradition process can go ahead.

“His appeal can lead to a change in the punishment. The conviction remains unchanged if the sentence changes,” he said to a press conference at the Parliament complex in Kuala Lumpur today.

Saifuddin pointed out that there are obstacles to carrying out Sirul’s extradition at present as Australia does not respond to requests to hand over individuals who face execution upon return to their countries of origin. This is despite Malaysia and Australia having an extradition agreement.

Malaysia also has many mutual legal agreements with other countries. In the case of Australia, this is the Mutual Assistance in Criminal Matters Act 2002. However, for it to be applied, the crime must be a criminal offence recognised by both countries that have the same punishment.

Asked if the government has received a review application from Sirul, Saifuddin said that he did not have the information.

Inspector-General of Police Razarudin Husain had confirmed yesterday that Sirul was released from the immigration detention centre in Australia last Saturday.

He said that the application for repatriation can only be obtained through the Attorney-General’s Chambers because the matter involves the Malaysian and Australian governments.

Sirul was freed from the Villawood Detention Centre in Sydney after spending nine years in immigration custody.

His release follows the Australian High Court decision on November 8 that non-citizen detainees who cannot be deported cannot be held indefinitely by immigration authorities.

In 2009, Sirul and former chief inspector Azilah Hadri were sentenced to death after being found guilty of the murder of Altantuya, a Mongolian model, in 2006. The Court of Appeal overturned the judgement, but the Federal Court reinstated it.

Subsequently, Sirul fled to Australia and was detained by the Australian immigration authorities. – The Vibes, November 14, 2023

Related News

Malaysia / 1mth

Death sentence for deaf, mute man who killed family of four upheld

World / 5mth

Two former Chinese defence ministers sentenced to death after corruption charges

Malaysia / 2y

Malaysian passport to be valid for 10 years soon, says minister

Malaysia / 2y

Apex court upholds death sentence of UUM student’s rapist, murderer

Malaysia / 2y

Govt nod for home detention of prisoners serving jail time of 4 years or less

Malaysia / 2y

Home Ministry looking into FBI’s placement of 3 Muslim NGO leaders on terrorist list

Spotlight

Malaysia

Bersama suspends Nik Nazmi from party activities for three months

Malaysia

‘We have better things to do than orchestrate khalwat raids’ - Amirudin

Malaysia

Social media posts ‘emerge’- defending Ismail after Tuanku Muhriz’s public rebuke

World

Trump’s Muhammad joke about Iran presidency falls flat at Georgia rally

Health

Haze can cause life-threatening lung inflammation in cats and dogs, vet warns

World

Australia detects deadly H5N1 bird flu on Macquarie Island, threatening elephant seals

Malaysia

Agong warns against using social media to spread hatred, insult others

Malaysia

Nik Nazmi acknowledges he is the individual detained by JAIS

You may be interested

Malaysia

Haze: Details of Malaysia’s aid to Indonesia to be finalised this Monday – Fahmi

Malaysia

Nine suspicious packages at Negeri schools found to contain flour, plastic plates

Malaysia

Police probe suspected concealment of birth after baby’s remains found in Terengganu drain

Malaysia

PAS puts UMNO first in push for electoral pact ahead of next GE

Malaysia

Cable thieves face tougher punishment as govt targets rail disruptions

Malaysia

Elderly man dies after being beaten repeatedly

Malaysia

Agong warns against using social media to spread hatred, insult others

Malaysia

Johor bears brunt of haze as nine areas record API readings above 150