The High Court will rule on Dec 16 whether to allow the next-of kin of Altantuya Shaariibuu to amend their statement of claim for her killing by her former lover and two former policemen 10 years ago.
Lawyer Ramkarpal Singh said Justice Ahmad Nasfy Yasin fixed the date after giving instructions to parties to file their written submissions.
Ramkarpal also said he informed the court that his legal firm had served a copy of the amendments to convicted murderer Sirul Azhar Umar, now held at the Villawood detention centre in Sydney, Australia.
Sirul and Azilah Hadri, who is in Kajang prison, were unrepresented and Ramkarpal said it was unlikely both would file objections to the amendments.
Senior federal counsel Tengku Intan Suraya Tengku Ismail who is appearing for the government, said they had no objection to the amendments.
The government was made a party to the suit as they were deemed to be vicariously liable as the cops were in service when the murder took place in 2006.
However, Altantuya’s former lover and political analyst Abdul Razak Baginda’s lawyer indicated he would object.
“We will file the affidavit-in-reply soon,” Abdul Razak’s lawyer, Kuan Chee Foo, told reporters later.
A case management was held before Ahmad Nasfy in his chambers today.
The amendments was to, among others, include that Sirul and Azilah Hadri ’s convictions were confirmed by the Federal Court last year.
Altantuya’s father, Shaariibuu Setev, his wife Altantsetseg Sanjaa and two grandchildren, had in 2007 filed a RM100 million suit against the cops and Abdul Razak for conspiring to kill the Mongolian model.
The civil suit was postponed pending the disposal of the murder case at the High Court. Subsequently, there were appeals at the Court of Appeal and Federal Court.
Sirul and Azilah, were convicted by the High Court in 2009 of killing Altantuya.
They succeeded in overturning their conviction at the appeals court in 2013 but the Federal court restored their conviction last year and sentenced the duo to death.
Sirul did not show up for the final decision and it was later revealed he had left Malaysia. The Federal Court later issued a warrant of arrest for him.
Abdul Razak, who was charged with abetment in the murder was freed at the end of the prosecution’s case. The court ruled the charge against him was not proven.
Source : V Anbalagan@FMT Reporters Online