THE family of Mongolian national Altantuya Shaariibuu will have to return RM4.7 million to the government following the Court of Appeal's decision ruling the government not liable for her murder nearly 20 years ago.
Former political analyst Abdul Razak Baginda, linked to the high-profile case, will receive a refund of the same amount after deducting RM1.38 million in damages awarded by the court three days ago, reported The New Straits Times.
The refund stems from a 2025 High Court decision that ordered both the government and Razak to pay RM4.7 million each, totalling RM9.4 million, to Altantuya's family and deposit the sum until their appeals were heard.
The money, including interest, was held in an interest-bearing stakeholder account with the law firm Karpal Singh & Co.
The 2025 order stated that if the government's appeal was allowed, the funds must be returned within 30 days of the Court of Appeal judgment, and that RM25,000 in costs imposed on the government should also be refunded.
However, lawyer Abraham Au, who represented Razak alongside senior counsel Datuk Dr Gurdial Singh Nijar, said the Court of Appeal has now directed that the refund be made within 21 days.
"The RM1.38 million in damages will be borne jointly by three parties, including the two former policemen, as the court found them jointly and severally liable," he told reporters.
Au added that Razak has yet to decide whether to appeal to the Federal Court.
On Tuesday, the Court of Appeal ruled that the government was not vicariously liable for the actions of former policemen Sirul Azhar Umar and Azilah Hadri, as they were not performing official duties at the time of Altantuya's murder.
The appellate court upheld the High Court's finding that Razak, along with Sirul and Azilah, is liable for her death.
In 2022, the High Court had ordered the government and Razak to jointly and severally pay RM5 million in damages plus interest from the date the suit was filed.
Lawyer Sangeet Kaur Deo, representing Altantuya's family, said the family intends to apply for leave to appeal the Court of Appeal ruling to clarify whether an employer — in this case, the government — can be held vicariously liable for employees' unlawful acts.
Sirul and Azilah were convicted of Altantuya's murder in 2015. Azilah is serving a 40-year prison sentence, while Sirul remains in Australia. – January 23, 2026
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