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
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