THE family of Altantuya Shaariibuu brought several questions of law to the Federal Court following the Court of Appeal's decision in their civil suit.
Among the questions raised were the scope of the government's vicarious liability when the actions of state agents resulted in the unlawful taking of life and the legal framework regarding damages in civil claims arising from unlawful killing.
Vicarious liability is a legal concept that means that a person or organisation can be held liable for the wrongs committed by others under their control, even if they themselves did not commit the wrongs.
Lawyer Sangeet Kaur Deo, who represents Altantuya's family, confirmed the matter in a statement today.
On January 20, the Court of Appeal set aside the RM5 million award in vindicatory damages decided by the High Court, in addition to absolving the government from liability for Altantuya's death.
Sangeet said that given the great public interest in the issue, it is appropriate for the Federal Court to consider it, which will have the opportunity to clarify the law in the matter.
"The highest court has set March 19 for case management," he said.
Meanwhile, the Court of Appeal in its decision stated that claims arising from death are strictly subject to Section 7 of the Civil Law Act (CLA) and must be compensatory in nature.
The court also ruled that the government cannot be held vicariously liable because the murder was not committed within the scope of duty by Azilah Hadri and Sirul Azhar Umar, who were police officers at the time.
The court held that the lower court erred in awarding RM5 million in vindicatory damages because Section 7 of the CLA only allows compensation for financial losses proven by the dependents, including loss of support and funeral expenses.
Altantuya's family filed the suit in 2007 against Azilah, Sirul, Abdul Razak and the Malaysian government.
On December 16, 2022, Judge Datuk Vazeer Alam Mydin Meera ruled that the plaintiff had succeeded in proving that the first and second defendants were clearly responsible for causing the deceased's wrongful death and should be held liable.
He also ruled that Abdul Razak was the link between the two former policemen and the deceased, as Sirul and Azilah did not know Altantuya before the night she was murdered on October 19, 2006.
Vazeer also found that the government, as the fourth defendant, was vicariously liable because Sirul and Azilah were his employees at the time of the incident. – February 24, 2026
