Hornbill Unleashed

June 11, 2013

Altantuya case: Court allows ex-cop to appeal conviction

AltantuyaIda Lim

The Court of Appeal today allowed an application by former policeman Sirul Azhar Umar to appeal his conviction for the 2006 murder of Mongolian Altantuya Shaariibuu on the grounds that there has been a mistrial.

Sirul’s lawyer Kamarul Hisham Kamaruddin said they are now seeking a declaration of the 2009 decision as a mistrial based on two new and related grounds, namely the adverse publicity and the “real and possible” danger that the High Court judge’s impartiality was affected by the said publicity.

“We have brought in an application this morning. That application is to include two new grounds in the petition of appeal.

“The court has allowed the application,” he told reporters when met outside the courtroom.

Kamarul said he will be filing the application by tomorrow.

He also clarified that the other appellant, former Chief Inspector Azilah Hadri, was not part of this application and had not made a similar application to introduce these grounds.

The three-day appeal hearing, initially set to begin from today, has been postponed to June 24.

Kamarul told reporters that the case was postponed because the Court of Appeal wanted to view Karpal Singh’s 2008 application to call Prime Minister Datuk Seri Najib Razak and a few others and recall former private investigator P. Balasubramaniam as witnesses in relation to the latter’s two conflicting statutory declarations.

Kamarul told the court today that the Shah Alam High Court had heard and dismissed Karpal’s application on July 23, 2008.

Karpal was then holding a watching brief for Altantuya’s family and the Mongolian government.

The Court of Appeal gave Kamarul 10 days to file his application, as well as to search for the documents related to Karpal’s application at the Shah Alam High Court.

The Court of Appeal’s three-man panel, headed by Datuk Seri Mohamed Apandi Ali, also includes Justices Datuk Linton Albert and Datuk Tengku Maimun Tuan Mat.

Azilah was represented by Datuk Hazman Ahmad and J. Kuldeep Kumar.

On October 31, 2008, the Shah Alam High Court acquitted former political analyst Abdul Razak Baginda of abetting them in the murder, following the prosecution’s failure to establish a prima facie case against him.

On April 9, 2009, Sirul Azhar and Azilah were convicted and sentenced to death by the same court for the murder of Altantuya at Mukim Bukit Raja, Shah Alam between October 19 and 20, 2006.

The duo, who were then with the Bukit Aman Special Action Squad, had previously been charged under section 149 of the Penal Code, which carries the mandatory death sentence upon conviction.

2 Comments »

  1. But Young Bodoh Madam Raw Honey said the case already dealt with. Who is she?

    Comment by tigeryk — June 14, 2013 @ 5:21 AM | Reply

  2. Now that a key defence witness P Balasubramaniam had died, Najib will feel safe enough to allow the Court to overturn its earlier ruling and acquit the duo as promised?

    Comment by Special Branch — June 11, 2013 @ 10:42 AM | Reply


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