ALTANTUYA BRUTAL MURDER - Court wrong to dismiss Altantuya’s jewellery found on ex-commando’s jacket, appeal told

By Ida LimJune 23, 2014    UPDATED: June 25, 2014 09:46 am 

File photo of Azilah Hadri and Sirul Azhar Umar (heads covered) during one of their court appearances in 2009. 

— Picture by Choo Choy May

PUTRAJAYA, June 23 — The Court of Appeal should have accepted as evidence Mongolian Altantuya Shaariibuu’s jewellery that was found in the jacket of a former police commando accused of murdering her in 2006, the Federal Court heard today.

Chief Inspector Azilah Hadri, 37, and Corporal Sirul Azhar Umar, 42, are facing a three-day appeal over their acquittal that will decide if they remain free or return to facing the gallows.

Datuk Tun Abdul Majid Tun Hamzah, the lead prosecutor in the appeal, argued that the jewellery found in Corporal Sirul Azhar Umar’s jacket at his home should be considered despite some “contradictions” in its discovery.

“But the fact remains, (the) jewellery was found in his jacket. In the jacket, DNA was found,” he said, adding that the jewellery was removed from Altantuya before she was murdered.

He said the DNA belonged to Altantuya, but also acknowledged that the genetic evidence could be inconclusive.

Sirul had no “rational explanation” on how the jewellery came to be in the pockets of his jacket, he said.

Tun Abdul Majid also pointed to another piece of circumstantial evidence — the discovery of Altantuya’s DNA on a slipper in Sirul’s car — which he said should be accepted in court.

He argued against suggestions that the blood-stained slipper could have been planted in Sirul’s car, pointing out that no blood was found at the crime scene that could have been used for such purposes.

Earlier, Tun Abdul Majid sought to dispute Azilah’s alibi, in which the police officer had claimed he was not near the crime scene and was at Bukit Aman and Wangsa Maju instead.

Tun Abdul Majid argued that the station diary that was relied upon by Azilah for his alibi was “hearsay” evidence that was inadmissible, noting that the officer who had entered the data was not called to testify in court.

He also referred to call logs of Azilah’s mobile phone, which he said proved that the police officer could not have been near the places he claimed to be in his alibi, at the time of the murder.

These call logs were not tampered with, as the records were computer-generated and only had technical errors that were rectified by telecommunications company Celcom’s officers, he said.

The Court of Appeal should also have accepted these call logs as evidence, he said.

The three-day appeal hearing before a five-man Federal Court bench headed by Chief Justice of Malaysia Tun Arifin Zakaria is set to run until Wednesday.

The four other judges on the panel are Chief Judge of Sabah and Sarawak Tan Sri Richard Malanjum, Tan Sri Abdull Hamid Embong, Tan Sri Suriyadi Halim Omar, Tan Sri Ahmad Maarop.

The defence team for Azilah and Sirul are headed by Datuk Hazman Ahmad and Kamarul Hisham Kamaruddin respectively.

Last August 23, the Court of Appeal acquitted Azilah and Sirul, ruling that the High Court trial judge’s misdirection had rendered the 2009 death sentence and conviction unsafe.

Azilah and Sirul, both formerly with the police’s Special Action Unit (UTK), were found guilty in 2009 of murdering Altantuya in Mukim Bukit Raja in Klang between 10pm on October 19, 2006 and 1am on October 20, 2006.

During the course of their trial, it was revealed that the Mongolian model was shot and her body blown up with explosives in a jungle clearing on the night of October 19.

Abdul Razak Baginda was charged with abetting Azilah and Sirul in the murder but was acquitted on October 31, 2008, after the Shah Alam High Court ruled that the prosecution had failed to establish a prima facie case against him.

The prosecution did not appeal against the 2008 acquittal of Abdul Razak. 

Source: http://www.themalaymailonline.com

PEMBUNUHAN KEJAM ALTANTUYA - Mahkamah Persekutuan tangguh penghakiman rayuan pembunuhan Altantuya

The Malaysian Insider – 22 hours ago

Bekas komando polis, Azilah Hadri dan Sirul Azhar Umar hanya menuduh sesama mereka tanpa pembelaan yang serius dalam kes pembunuhan Altantuya Shaariibuu (gambar), ketika sesi pendengaran di Mahkamah Persekutuan hari ini.

Pendakwaraya Datuk Tun Abdul Majid Hamzah dalam hujahnya di hadapan lima panel, pembelaan alibi Azilah tidak lebih sekadar khabar angin dan tidak boleh diterima sebagai bukti.

Tambahnya, kenyataan Sirul juga tidak lebih daripada penafian.

"Responden pertama berkata, dia meninggalkan mayat bersama responden kedua, dan responden kedua kata dia meninggalkan mayat dengan responden pertama.

"Kenyataan mereka itu menyalahkan satu sama lain," kata Majid ketika sesi pendengaran di mahkamah hari ini.

Majid berkata, pada malam 19 Oktober, 2006, Azilah dan Sirul membawa Altantuya ke Bukit Aman menggunakan kereta Sirul dan itu kali terakhir mangsa didapati hidup.

Tambahnya, barang kemas Altantuya juga ditemui di kediaman Sirul dengan dipenuhi darah, dan selipar yang ditemui dalam Jeep Suzuki miliknya turut mempunyai kesan darah.

"Sampel darah Setev (bapa Altantuya) diambil pada 10 November dan tiada darah diambil daripada Namiraa, sepupunya dan darah ibunya diambil kemudian.

"Tiada kesan darah pada barang kemas dan selipar kecuali sesuatu berlaku kepadanya antara Bukit Aman dan lokasi kejadian mayatnya ditemui," kata Majid.

Peguam Sirul, Kamarul Hisham Kamaruddin bagaimanapun berkata, Azilah dan Sirul bersama di Hotel Malaya dan di luar rumah Abdul Razak Baginda boleh dijelaskan dalam inferens berbeza.

"Kedua-dua responden dilihat bersama mangsa di luar kediaman Razak Baginda kerana dipanggil untuk memberikan bantuan. Tiada unsur jenayah di sini," katanya.

Kamarul menambah, hanya kerana mereka dilihat bersama di lokasi berkenaan, ia tidak menunjukkan mereka merancang untuk membunuh mangsa.

Beliau turut berkata, bukti rakaman Sirul melalui tol Kota Damansara malam itu tidak mengikatnya melakukan jenayah kerana itu adalah laluannya pulang ke rumah.

Beliau kemudiannya menjelaskan hakim perbicaraan tidak membuat sebarang kenyataan berkenaan penemuan Seksyen 34 Kanun Keseksaan mereka bekerjasama melakukan pembunuhan.

"Hakim perbicaraan tidak membuat kesimpulan, komen, analisis, atau penemuan terhadap Seksyen 32, dan dalam mana-mana kes, bukti tidak menunjukkan Seksyen 34.

"Jika tiada Seksyen 34, mereka bersalah atas kesalahan apa?" soalnya.

Kamarul berkata, ia adalah kenyataan Sirul daripada kandang barang kemas ditemui di rumahnya dan selipar ditemui dalam Jeep miliknya dirancang.

"Dia berkata dia diperangkap dan individu sebenar bertanggungjawab atas jenayah ini tidak berada di mahkamah dan dia dijadikan kambing hitam," kata Kamarul.

Beliau turut memberitahu mahkamah, tiada kesan darah ditemui pada barang kemas.

Ketua Hakim Tun Ariffin Zakaria menangguhkan penghakiman Putrajaya untuk merayu ke satu tarikh yang akan ditetapkan kemudian.

Azilah dan Sirul didakwa bersekongkol dan dijatuhkan hukuman bersalah oleh Mahkamah Tinggi Shah Alam pada 2009 atas dakwaan membunuh Altantuya, 28, di hutan simpan Shah Alam pada Oktober, 2006.

Pendakwaan mereka itu bagaimanapun ditukar oleh Mahkamah Rayuan tahun lalu. – 25 Jun, 2014.

ALTANTUYA BRUTAL MURDER - We never said C4 explosives were used in Altantuya’s murder, says prosecutor

The Malaysian Insider – 5 hours ago

It was never the prosecution's case that C4 explosives were used in the murder of Mongolian Altantuya Shaariibuu, the Federal Court was told today.

Prosecutor Datuk Tun Abdul Majid Hamzah told the five-man bench hearing the appeal against the acquittal of Chief Inspector Azilah Hadri and Corporal Sirul Azhar Umar for the murder of Altantuya that police did not use C4 explosives.

"We never said the explosives used were C4, but from day one, they have been saying C4.

"We do not know how the Court of Appeal said C4, we never said C4," he submitted.

He also said the Court of Appeal had erred in drawing adverse inference in not calling DSP Musa Safri as a witness at the trial stage.

Musa was an aide to Datuk Seri Najib Razak when the latter was deputy prime minister.

The Court of Appeal, in allowing the appeal of Azilah and Sirul against their conviction, said the prosecution’s case was weakened by its failure not to call Musa as a witness.

However, in court today, Tun Majid said that Azilah had clearly testified that Musa did not give him any instructions on how to assist Abdul Razak Baginda.

Razak was a close associate of Najib. The former political analyst was charged with abetting the murder of Altantuya. He was acquitted in 2008 without his defence being called.

Tun Majid added that Musa was also offered as a witness to the defence at the close of the prosecution's case.

Later in court today, Azilah's lawyer Kuldeep Kumar submitted that the former chief inspector's evidence under oath was that he was in Bukit Aman on the night of October 19, 2006 and that the station diary supported his alibi.

During trial, the judge ruled that the station diary was not admissible as evidence.

However, in overturning the conviction and acquitting the two former policemen, the Court of Appeal had accepted the station diary as proof.

The Court of Appeal had ruled that trial judge Datuk Mohd Zaki Md Yassin had failed to consider the notice of alibi which revealed that Azilah could not have been at two places at the same time on the night of Altantuya's murder.

The Court of Appeal said the call logs of telecommunication companies tendered by the prosecution were aimed at tracking Azilah’s movement on the day Altantuya was murdered.

According to the exhibits, Azilah was in Pekan Subang at 10.15pm and Kampung Melayu Subang at 10.19pm.

However, the police station diary at Bukit Aman indicated that Azilah was there collecting his weapon, a Glock EAH 387, and two bullet magazines at 10.18pm.

He had then headed to Putrajaya for escort duty with Najib.

The investigating officer in  Altantuya's murder case, ASP Tonny Lunggan, had testified in the trial that the station diary was true and accurate. – June 24, 2014.

ALTANTUYA BRUTAL MURDER - P.I. Bala’s widow’s civil suit against Najib, 8 others starts today

The Malaysian Insider – 6 hours ago

The first case management in the civil suit filed against Prime Minister Datuk Seri Najib Razak and eight others by the widow of the late P.I. Bala (pic) was held today at the Kuala Lumpur Court Complex.

Najib is using the services of law firm Hafarizam, Wan and Aisha Mubarak to represent him in the civil suit.

Only one person has yet to respond to the court papers, said the plaintiff's lawyer Americk Singh Sidhu.

"We have not received any response from Deepak Jaikishan. We sent a letter to his home address. So we are still waiting," said Americk who representing Bala's widow, A. Santamil Selvi, and their children.

Americk said the case management had gone well.

He said the second defendant, Datin Seri Rosmah Mansor, was likely to be represented by the same law firm representing her husband, Najib.

The others are brothers Datuk Ahmad Johari Abdul Razak and Datuk Mohd Nazim Abdul Razak, senior lawyer Tan Sri Cecil Abraham, his son Sunil Abraham, commissioner for oaths Zainal Abidin Muhayat, and lawyer M. Arunapalam.

"I was told that they are waiting for further instruction on the matter," said Americk.

The next case management is on July 10.

Selvi and her children are suing for losses suffered during their exile between July 2008 and early last year.

Balasubramaniam died of a heart attack on March 15, 2013, weeks after returning from India.

In the suit, the family said the defendants caused Balasubramaniam's second SD "to be drafted without the instructions of the deceased and further causing the deceased to sign the same under threat and inducement".

Balasubramaniam or famously known as P.I. Bala, who was a witness in the murder trial of Mongolian Altantuya Shaariibuu, left Malaysia in a hurry after he signed a second statutory declaration (SD) in 2008, which purportedly cleared Najib of involvement in the case.

The late Balasubramaniam came into the limelight after he worked for prominent political analyst Abdul Razak Baginda in the Altantuya case and when he retracted his first sworn statement about the matter on July 4, 2008.

Balasubramaniam said in the second SD that he wished "to retract the entire contents of my statutory declaration dated July 1, 2008. I was compelled to affirm the said statutory declaration under duress".

The second SD also read that all statements made were inaccurate and not the truth.

Balasubramaniam then remained tight-lipped during a news conference at a hotel in Kuala Lumpur where his new lawyer Arunapalam was present to take questions from the media.

They left after distributing the second SD.

Arunapalam had said his client was under duress and that he was upset.

On July 3, 2008, Balasubramaniam had told a packed press conference organised by PKR de facto leader Datuk Seri Anwar Ibrahim the contents of the first SD which implicated Najib and several others in Altantuya's murder in 2006.

At all times, Americk was Balasubramaniam's counsel. Abraham is facing the Advocates and Solicitors Disciplinary Board for professional misconduct as he was said to have prepared the second SD for Balasubramaniam.

The Bar Council had lodged a complaint with the board at the instruction of members who attended its annual general meeting last year. Proceedings against Abraham which started in March are ongoing.

Deepak had earlier admitted that he helped to get Balasubramaniam to repudiate his first SD by finding two lawyers to draft the new statement.

Americk had thrown light on the contentious SD when he read out a prepared statement at the Malaysian Bar's 67th annual general meeting (AGM) last year where he had said: "Tan Sri Cecil Abraham admitted to me that he was the one who drafted the second statutory declaration".

Americk had told reporters at the sidelines of the AGM that the directive to Abraham came from Najib, who was then the deputy prime minister.

Two former police commandos – Corporal Sirul Azhar Umar and Chief Inspector Azilah Hadri – who were charged with Altantuya's murder, were found guilty and sentenced to death by the Shah Alam High Court.

Their convictions, however, were overturned by the Court of Appeal last year.

Putrajaya is appealing the decision and the Federal Court is scheduled to hear the case today.

Razak was acquitted in 2008 for abetting the policemen. – June 23, 2014.

ALTANTUYA BRUTAL MURDER - Court of Appeal erred in acquitting two policemen in Altantuya case, says prosecutor

The Malaysian Insider – 2 hours 45 minutes ago

Putrajaya's appeal against the acquittal of two policemen for the 2006 murder of Mongolian Altantuya Shaariibuu (pic) started today in the Federal Court with government prosecutor Datuk Tun Abdul Majid Tun Hamzah submitting that one of those accused of the murder, chief inspector Azilah Hadri, had failed to produce any witnesses for his alibi.

Tun Abdul Majid said that Azilah's alibi was that at the time of the crime, he had gone to Wangsa Maju and later went back to Jalan Duta.

He said the Court of Appeal's decision in acquitting the two accused was wrong as Azilah did not call his witness to support his alibi and therefore, the onus should be on the defence to prove it and not the prosecution.

Tun Abdul Majid also said that the High Court had earlier found that the defence by Azilah and corporal Sirul Azhar Umar were mere denials and they had failed to raise any doubt to the prosecution's case.

The prosecutor also said that the discovery of the spent cartridge inside Sirul Azhar's car and CCTV recordings show the deceased was on the way to Puncak Alam with the accused.

He said there was a slipper found inside Sirul's vehicle that showed a blood smudge and tests had shown it contained Altantuya's DNA.

"Sirul says he was made a scapegoat, but shows little evidence to support this," Tun Abdul Majid told the five-man Federal Court bench comprising Tun Arifin Zakaria, Tan Sri Richard Malanjum, Tan Sri Abdull Hamid Embong, Tan Sri Suriyadi Halim Omar and Tan Sri Ahmad Maarop.

Both accused were at Hotel Malaya on October 18, 2006, where Altantuya stayed, Tun Abdul Majid said.

Azilah and Sirul had earlier managed to evade press photographers waiting for them by entering the court through the back door.

Since they were charged in 2006, Azilah and Sirul had never been photographed as the police had always brought them to court with their faces fully covered under a jacket.

Today however, as respondents in the government's appeal against their acquittal by the Court of Appeal, they should have walked in as free men through the main courtroom doors but were instead given back door access.

Majid also submitted that Azilah was the one who led the police to the crime scene where human remains, subsequently proven to be that of the deceased, was found.

He also said that the jewellery belonging to Altantuya was found in Sirul's jacket and that he had not denied that the jacket belonged to him.

"The fact is the jewellery belonged to the deceased. She was wearing it on the fateful night, how did it come into the second respondent's possession?" the government lawyer asked.

Majid also said that Altantuya's DNA was detected on the jewellery and on the inside of the jacket.

He also submitted that bloodstains with the deceased DNA were found on slippers in Sirul's car, yet no blood was found when the remains were discovered.

Majid further said that a track of phone calls made between Azilah and Abdul Razak Baginda showed him moving towards Puncak Alam at the time.

Abdul Razak was a close associate of Prime Minister Datuk Seri Najib Razak. The former political analyst became prominent in 2006 when he was charged with abetting the murder of Altantuya. He was acquitted in 2008 without his defence being called.

Appeal hearing continues tomorrow. – June 23, 2014.

PEMBUNUHAN ALTANTUYA - Perbicaraan saman balu PI Bala ke atas Najib, 8 yang lain bermula hari ini

The Malaysian Insider – 5 hours ago

Perbicaraan pengurusan kes saman yang difailkan oleh balu mendiang penyiasat persendirian P. Balasubramaniam (gambar) ke atas Perdana Menteri Datuk Seri Najib Razak dan lapan yang lain bermula hari ini di Mahkamah Tinggi Jalan Duta.

Dalam perbicaraan kes ini, Najib diwakili firma guaman Hafarizam, Wan dan Aisha Mubarak bagi berdepan kes saman tersebut.

Setakat ini, hanya seorang individu belum membalas surat arahan mahkamah tersebut, kata peguam plaintif Americk Singh Sidhu.

"Kami tidak menerima maklum balas daripada Deepak Jaikishan. Kami hantar surat ke alamat rumahnya. Jadi kami masih menanti," kata Americk, peguam yang mewakili balu Bala, A. Santamil Selvi dan anak mereka.

Walaupun hanya seorang lagi individu belum membalasnya, Americk berkata pengurusan kes tersebut berjalan dengan lancar.

Beliau berkata defendan kedua, Datin Seri Rosmah Mansor dijangka akan diwakili oleh firma sama yang mewakili suaminya, Najib.

Lain-lain defendan yang dinamakan dalam saman tersebut adalah adik Najib, Datuk Ahmad Johari Abdul Razak dan Datuk Mohd Nazim Abdul Razak, peguam senior Tan Sri Cecil Abraham dan anaknya Sunil Abraham, pesuruhjaya sumpah Zainal Abidin Muhayat dan peguam M. Arunapalam.

"Saya diberitahu mereka masih menunggu arahan seterusnya dalam perkara itu," kata Americk.

Pengurusan kes seterusnya ditetapkan pada 10 Julai depan.

Selvi dan anaknya memfailkan saman tersebut bagi menuntut ganti rugi semasa melarikan diri antara Julan 2008 dan awal tahun lepas.

Balasubramaniam bagaimanapun meninggal dunia pada 15 Mac 2013 akibat serangan jantung selepas pulang dari India.

Dalam saman tersebut, keluarga Bala menuduh defendan menyebabkan mendiang membuat draf akuan bersumpah (SD) "tanpa diarahkan dan menyebabkan mendiang terpaksa menandatanganinya dengan ancaman dan paksaan."

Bala menjadi terkenal selepas bekerja untuk penganalisis politik terkemuka, Abdul Razak Baginda dalam kes pembunuhan Altantuya.

Beliau menarik kembali SD pertamanya mengenai perkara itu pada 4 Julai 2008.

Dalam SD keduanya, Bala mendedahkan beliau mahu “menarik kembali keseluruhan kandangan akuan bersumpah bertarikh 1 Julai, 2008.”

"Saya dipaksa mengeluarkan akuan bersumpah tersebut dalam keadaan terpaksa,” katanya.

SD kedua itu juga menyatakan semua kenyataan dibuat sebelumnya tidak tepat dan tidak benar.

Semasa sidang media mengumumkan SD kedua itu di sebuah hotel di Kuala Lumpur, Bala mendiamkan diri manakala peguam barunya, Arulampalam, yang menjawab soalan wartawan.

Mereka meninggalkan sidang media selepas mengedarkan SD kedua. Arulampalam mengatakan anak guamnya sedang tertekan dan sedih.

Sehari sebelum itu, pada 3 Julai, 2008 Bala memberitahu sidang media dipenuhi wartawan anjuran Ketua Umum PKR, Datuk Seri Anwar Ibrahim, mengenai kandungan SD pertama tentang penglibatan Najib dan beberapa yang lain dalam pembunuhan Altantuya pada 2006.

Americk merupakan peguam Bala. Abraham berdepan dengan tindakan Majlis Peguam kerana beliau mendraf SD kedua penyiasat persendirian itu.

Majlis Peguam mengemukakan aduan terhadap Abraham kepada jabatan disiplin tahun lalu dan pengerusinya, Christopher Leong hadir pada Mac di depan jawatankuasa itu memberi keterangan dalam sesi tertutup.

Deepak sebelum itu mengaku membantu Bala untuk menarik SD pertama dan mencarikan peguam untuk mendraf SD kedua.

Americk mendedahkan mengenai perbalahan SD apabila beliau membaca kenyataan disediakan Mesyuarat Agung Tahunan (AGM) ke-67 Majlis Peguam Malaysia tahun lalu, di mana beliau berkata, "Tan Sri Cecil Abraham mengakui kepada saya dia adalah orang yang menggubal akuan bersumpah kedua".

Americk kemudian memberitahu pemberita di luar AGM arahan kepada Abraham datang daripada Najib, ketika itu timbalan perdana menteri.

Dalam kes pembunuhan Altantuya, dua bekas komando polis, Koperal Sirul Azhar Umar dan Ketua Inspektor Azilah Hadri yang dituduh membunuh Altantuya didapati bersalah dan dihukum mati oleh Mahkamah Tinggi Shah Alam.

Sabitan mereka bagaimanapun dibatalkan oleh Mahkamah Rayuan pada tahun lalu, dan keputusan itu dirayu Putrajaya. Abdul Razak, yang didakwa bersubahat dengan mereka, dilepaskan pada 2008. – 23 Jun, 2014.

ALTANTUYA BRUTAL MURDER - February 25 for prosecution’s appeal in Altantuya murder case – Bernama

FEBRUARY 21, 2014

The prosecution's appeal against the acquittal of two police special action unit personnel on a charge of murdering Mongolian national Altantuya Shaariibuu is fixed for case management for February 25, Tuesday.

Lawyer Datuk Hazman Ahmad representing Chief Inspector Azilah Hadri said he received a notice from the Federal Court registry yesterday notifying him of the case management date.

"On that day (February 25) the court would fix the date to hear the prosecution's appeal," he said when contacted today.

Azilah, 37, and Corporal Sirul Azhar Umar, 42, were convicted and sentenced to death in 2009 after being found guilty by the High Court, of murdering Altantuya, 28, at Mukim Bukit Raja in Shah Alam between 10 pm on October 19 and 1 am on October 20, 2006.

The duo filed an appeal against the judgement, and on August 23 last year were granted an acquittal by the Court of Appeal which overturned their conviction.

The Court of Appeal in its 47-page judgment had held that circumstantial evidence adduced by the prosecution were insufficient to sustain the finding of guilt of the two policemen.

It said their guilt had not been satisfactorily proven, "thus the court was constrained to give them the benefit of the doubt".

The prosecution filed its petition of appeal on January 3 this year, listing six reasons on why the three-member Court of Appeal bench was wrong in law and facts to allow the two policemen to escape the gallows.

Meanwhile, the prosecution did not appeal against the acquittal of former political analyst Abdul Razak Baginda, 50, who was charged with abetting Azilah and Sirul.

The High Court on October 31, 2008, held that the prosecution failed to establish a prima facie case against Abdul Razak. – Bernama, February 21, 2014.

ALTANTUYA BRUTAL MURDER - Murder of Shaariibuugiin Altantuyaa (From Wikipedia, the free encyclopedia)

Shaariibuugiin Altantuyaa (Mongolian language: Шаарийбуугийн Алтантуяа; sometimes also Altantuya Shaariibuu; May 6, 1978 – October 18, 2006), a Mongolian national, was a murder victim who was either murdered by C-4 explosives or was somehow killed first and her remains destroyed with C-4 on October 18, 2006 in a deserted area in Shah Alam, Malaysia near Kuala Lumpur. Her murder case is significant in contemporary Malaysian politics due to the alleged involvement of persons close to Prime Minister Najib Razak.

The Shah Alam High Court meted out the death sentence to two of the accused on 9 April 2009, wrapping up the 159 day trial.

Murder of Shaaribuugiin Altantuyaa
Court	Shah Alam High Court
Date decided	April 9, 2009
Judge(s) sitting	Mohd. Zaki Mohd. Yasin
Keywords
Murder

Early life

Altantuyaa was born in 1978. She and her sister were raised in Russia where Altantuyaa started first grade elementary school. She was reportedly fluent in Mongolian, Russian,Chinese, and English, and knew some French.

Altantuyaa moved back to Mongolia in 1990 and a few years later, married a Mongolian techno singer, Maadai. They had a child in 1996 but the marriage ended in divorce and the child went to live with Altantuyaa's parents. Despite training as a teacher, Altantuyaa briefly moved to France where she attended modeling school before returning to Mongolia.

Altantuyaa remarried and had another child in 2003 but the second marriage also ended in divorce. The second child also lives with Altantuyaa's parents. Her mother said she has never been a model. According to Mr. Shaariibu Setev, the deceased was also known among family members and friends as "Amina", was unmarried but lived in Mongolia with her two children. She worked as a translator and often traveled out of Mongolia to countries like China, Singapore, and Malaysia. She went to Malaysia a couple of times: the first in 1995 and the second in early 2006.

Relations to Razak Baginda

She was allegedly introduced to Abdul Razak Baginda, a defense analyst from the Malaysian Strategic Research Centre think-tank, at an international diamond convention in Hong Kong by Malaysian Deputy Prime Minister, Najib Razak, and had a relationship with him. She accompanied Abdul Razak to Paris where she worked as a translator during his negotiations to purchase submarines from France for the Malaysian government. The Hong Kong website Asian Sentinel revealed in a series of photographs that Altantuya was in France during which time the two quickly became romantically involved. She reportedly became his mistress in Paris in 2005. However, it must be noted that Raja Petra Kamaruddin, the Malaysia Today editor, was the one who connected Najib Razak with the Altantuya murders. Najib Razak denied all allegation as there were no concrete proof about him knowing Altantuya. Raja Petra retracted back his allegation of the involvement of Najib Razak and Rosmah Mansor after the case were brought to court. Afraid of being prosecuted by the Malaysian courts for giving a false statement, Raja Petra fled to England, and left his wife and children behind.

According to reports by the French newspaper Liberation, Altantuya found out that one of the parties involved in negotiations, Spanish company Armaris, paid out commissions of 114 million euros for the deal (reportedly one billion euros or RM4.7 billion for the purchase of three submarines). The commission was credited in the accounts of a company controlled by Razak, Perimekar. A letter written by Altantuya and found after her death admits that she had been blackmailing Mr. Baginda, seeking a $US500,000 cut to remain silent about her knowledge of the deal. On 25 June 2012, a French police investigation revealed that there were no immigration records of an “Altantuya Shaariibuu” entering France from 1999 to 2006. The same report noted instead the entry of a SHAARIYBUU Bayasgalan, who bore similarites to, but was not conclusively identified as Altantuyaa, as well as pointed out that Najib's entourage might have entered France through diplomatic channels as there was evidence of his presence but no corresponding immigration record. During the trial into Altantuya's death, Baginda told investigators that he had traveled with her to France in 2005. Records seized by French investigators from DCN's former financial chief described Altantuya as Baginda's translator.

Murder

When it was realized she was missing on 19 October 2006, her cousin lodged a police report and sought help from the Mongolian embassy in Bangkok. The Malaysian police found fragments of bone, later verified as hers, in forested land near the Subang Dam in Puncak Alam, Shah Alam. Police investigation of her remains revealed that she was shot twice before C-4 explosives were used on her remains, although there has been later suggestion that the C-4 explosives may have killed her. When her remains were found their identity could only be confirmed with a DNA test. The provenance of the C-4 remains unclear.

Abdembers of the police force were arrested during the murder investigation. The two murder suspects have been named as Chief Inspector Azilah Hadri, 30 and Corporal Sirul Azhar Umar, 35. They had been members of the elite Unit Tindakan Khas (the Malaysian Police Special Action Force or counter-terrorism unit) and were both assigned to the office of the Prime Minister Najib Razak, albeit as bodyguards, who was also the Defence Minister at the time of the murder. Abdul Razak has been charged with abetting the murder.

Trial

According to court testimony by Altantuya's cousin Burmaa Oyunchimeg, Altantuya had shown Burmaa a photograph of 3 persons taking a meal together: Altantuyaa, Razak Baginda, and a government official. When questioned by the lawyer of the victim's family, Karpal Singh, Burmaa identified the official as then Deputy Prime Minister Najib Tun Razak.

On 22 July 2008 Karpal Singh, who also holds a watching brief for the victim's family, filed a notice of motion to call 4 new witnesses, including Datuk Seri Najib Tun Razak, to testify in the trial, as well as sought to recall the first prosecution witness in the trial, private detective P. Balasubramaniam, for further examination. According to Karpal, Najib's testimony would be able to introduce fresh evidence to the case, and his requests were justifiable as per Section 425 of the Criminal Procedure Code (CPC) which allows a court to "summon or recall any person as a witness in a trial", as well as "summon or recall any such person if his evidence appears to the court to be essential to the just decision of the case." On 23 July 2008 the petition notice was rejected by the High Court. High Court judge Mohd Zaki stated that "only the parties involved, namely the prosecution and the defense" had a right to submit the petition.

Acquittal of Razak Baginda

On 31 October 2008 the High Court acquitted Abdul Razak Baginda of abetment in the murder of Altantuya, with the prosecution saying they would appeal the acquittal. To date, the appeal has yet to transpire.

Trial continues

Chief Inspector Azilah Hadri and Corporal Sirul Azhar Umar were ordered to enter their defence and testify under oath. On 10 November 2008 it was announced that the murder trial has been postponed to January 2009 in order to allow the defence more time to prepare and gather witnesses. The witnesses sought included Malaysia Today editor Raja Petra Kamarudin and private investigator P. Balasubramaniam, who was unlocatable at that time.

The request by the defence counsel for Sirul Azhar and Azilah to get statements from all prosecution witnesses was rejected with the reason given that "witness statements recorded under Section 112 of the Criminal Procedure Code is privileged". This would have included the witness statement of Deputy Prime Minister Datuk Seri Najib Razak's former aide-de-camp DSP Musa Safri, which would have been used to rebut Abdul Razak's affidavit.

On 3 February 2009 Sirul Azhar pleaded with the court to not pass the death sentence on him, as he was like "a black sheep that has to be sacrificed" to protect unnamed people who have never been brought to court or faced questioning. "I have no reason to cause hurt, what's more to take the life of the victim in such a cruel manner... I appeal to the court, which has the powers to determine if I live or die, not to sentence me so as to fulfil others' plans for me."

Verdict and appeal

On the 9 April 2009, High Court Judge Zaki Yasin ruled that Sirul Azhar's and Azilah's statements were "unbelievable" as both of the accused only blamed each other. Both policemen were sentenced to death for the murder of Altantuya. Wrapping up the 159 day trial, Zaki said both of them failed to raise any reasonable doubt in the prosecution's case. However, their lawyers planned to file an appeal. Both policemen showed no emotion when they heard that they were sentenced to be hanged until dead. Their family members accept the court's decision and denied any political elements in the verdict. The two policemen appealed their sentence in late August. The Court of Appeal has fixed a date for their appellate hearing for June 10, 2013.

Shariibuu Setev's lawyers have applied for a review the Attorney-General's decision not to appeal Abdul Razak Baginda’s acquittal in the murder of Shariibuu’s daughter Altantuya. The application was set to be heard at a High Court on July 8, 2009. Dr. Shariibuu later withdrew the application but said he would still proceed with the claim against Abdul Razak, Azilah, Sirul Azhar and Government of Malaysia for damages over Altantuya's death.

Sirul and Azilah were acquitted on August 23, 2013 by the Court of Appeal. Several reasons were given for the acquittal such as the failure of the prosecution to provide a strong motive for the two men to murder the victim and the failure to call for the cross-examination of Najib's aide Musa Safri and Najib Razak. The acquittals have drawn the derision from many Malaysian, including Altantuyaa's father.

Controversy

Statutory declaration by Raja Petra

The murder scene depicted in Raja Petra Statutory Declaration

In a statutory declaration in his sedition trial in June 2008, Raja Petra said that he was "reliably informed" that Datin Seri Rosmah Mansor (the wife of Malaysia's Deputy Prime Minister, Datuk Seri Najib Razak) was one of three individuals who were present at the crime scene when Altantuya Shaariibuu was murdered on 19 October 2006. He wrote that Najib’s wife, Rosmah Mansor, and Acting Colonel Aziz Buyong and his wife, Norhayati, Rosmah’s aide-de-camp, were present at the scene of the murder and that Aziz Buyong was the individual who placed C4 plastic explosive on Altantuya’s body and blew it up. Dr Shaariibuu Setev, the father of Altantuya Shaariibuu, has asked the police to conduct a thorough investigation into an allegation by Raja Petra saying the police should look seriously into the allegations as it might provide them with fresh evidence in their case.

In retaliation, the two people named in Raja Petra’s statutory declaration on 18 June 2008, Lt-Col Aziz Buyong and his wife Lt-Col Norhayati Hassan, as having been present at the murder scene of Mongolian Altantuya Shaariibuu are suing Raja Petra for defamation. Aziz is seeking an apology from Raja Petra to be published in certain websites and newspapers, the removal of the statutory declaration from his blog and damages of RM1 million. Raja Petra’s counsel, J. Chandra, later insinuated that the article titled ‘Let’s send the Altantuya murderers to hell’ on April 25 under Raja Petra’s byline was posted without his consent or knowledge.

Raja Petra appeared to have distanced himself from the statutory declaration in a television interview with TV3, saying its accusations linking Hijau Sokmo and DSAI to the murder were repeating information passed onto him by opposition figures, rather than information he knew to be true himself. He appears to have stated that he did not genuinely believe that Rosmah was at the murder scene. The Malaysian Civil Liberties Movement alleged that the interview had been heavily edited and spin doctored in favour of Prime Minister Najib Razak just in time for the upcoming Sarawak state elections. Raja Petra also denied that that he did not believe DSAI was at the scene saying that the interview was "chopped up". He also later clarified and pointed out that he had always been consistent in relation to the statutory declaration, saying that he had never directly accused Rosmah of being at the scene of the murder, merely repeating what was told to him.

Statutory declaration by P. Balasubramaniam

A second statutory declaration was filed on 1 July 2008 by Abdul Razak Baginda's private investigator P. Balasubramaniam, disclosing then deputy Prime Minister Najib's links and Altantuya. Bala said the police omitted information about the relationship between Najib and Altantuya during their investigation. In the statutory declaration Abdul Razak had told Balasubramaniam that the deputy prime minister had a sexual relationship with Altantuya and that the trio had dined together in Paris. Detailed conversations in a statutory declaration revealed which Abdul Razak was in effect inherited Altantuya as a lover from Najib, who passed her on because he didn’t want to be harassed as deputy prime minister. Among other lurid details, Balasubramaniam described text messages between Najib and Abdul Razak in which the latter was asking for help to avoid arrest, implying Najib personally interfered with the murder investigation. In making his statutory declaration, Balasubramaniam mentioned that a man in a blue Proton Saga happened to be driving pass the home of defence analyst Abdul Razak Baginda at that time of the day before Altantuya was reported missing on Oct 19, 2006 and revealed that the man was Nasir Safar, the special advisor to Najib Razak.

Former deputy Prime Minister Anwar Ibrahim has called for a Royal Commission of Inquiry to look into the case. However, the RCI has not been convened on this issue.

It has been claimed that Balasubramaniam's allegation on the involvement of Najib Razak on the murders of Altantuya could have political motivations, as the press conference for the allegation was made at the national PKR Headquarters.

Retraction and disappearance

The following day P. Balasubramaniam made a retraction of the statutory declaration he made on 1 July 2008 in a second statutory declaration and its replacement with one that erased all traces of allegations with references to Deputy Prime Minister Datuk Seri Najib Tun Razak and Altantuya Shaariibuu's murder. There were accusations that this new statutory declaration could have been due to intimidation or inducement, and was done not on his own free will. Bala's first lawyer Americk Singh Sidhu said he was not able to get in touch with Bala despite repeated phone calls to Bala's cell phone The Malaysian police said on Sunday 6 July that they have asked Interpol to help find the private investigator who has been reported. missing since making explosive claims linking the deputy premier to a murder. Bala's nephew has filed a missing person's report, saying the investigator and his family had disappeared. It was discovered on July 10 that Balasubramaniam's house in Taman Pelangi here has been broken into but police have yet to ascertain whether anything was stolen. Balasubramaniam is said to have taken refuge in a neighbouring country with his wife and children.

It is assumed that Bala was running away because of legal action that can be taken against him if he is found out lying and making a false accusation regarding the death of Altantuya.

Reappearance and retraction of second statutory declaration

After his reappearance Bala claimed that he signed the second statutory declaration without even reading it, claiming he was threatened. Bala was also quoted that a member of Najib’s family, which was revealed to be Najib's younger brother Nazim Razak teaming up with Deepak Jaikishan, a businessman with connections to the Najib Razak's family, made Bala withdraw his first statutory declaration and offered him RM5 million to do so, but that his first declaration was true. Balasubramaniam has declined to meet the Malaysian Anti-Corruption Commission in Singapore in order to give his testimony about allegations surrounding the murder of Altantuya Shaariibuu as he has made his personal security a prerequisite for his testimonyThe MACC also wanted to classify all correspondences between Balasubramaniam and their organisation as ‘secrets’ under theOfficial Secrets Act, which according to Bala's lawyer there was a disagreement to this demand.

Bala has continued to reiterate that the first statutory declaration he signed was the truth. Bala has been actively campaigning for the Malaysian opposition giving talks on Najib and Rosmah's alleged role in the death of Altantuyaa  before his eventually death by heart attack on March 15, 2013.

Further revelations

Malaysian Indian businessman Deepak Jaikishan in the later part of 2012 held several press conferences regarding his role in the retraction of Balasubramaniam's first statutory declaration and the supposed coercion in making Bala signed the second declaration. He also made damning accusations against Prime Minister Najib Tun Razak and his wifeRosmah Mansor, implying they were the ones giving instructions and had prior knowledge of coverup of the first statutory declaration. He further revealed that it was the Prime Minister's brother Nazim Razak who paid off Balasubramaniam.

Deepak has also made claims denying that he is not currently being sponsored by the Malaysian opposition Pakatan Rakyat or its leader Anwar Ibrahim, despite claims by certain parties that he is. Deepak has expressed regret in being involved in the Altantuya affair. Anwar has continually denied that he is behind the recent exposes by Deepak. The revelations come at the same time when Deepak is being involved in a lawsuit against the government and governing party UMNO in a land deal case. He also said that the Malaysian Anti-Corruption Commission (MACC) is more interested in ignoring this matter rather than starting an investigation.

He made further references to the lawyer duo who were involved in the drafting the second statutory declaration, implying they came from the law firm of Zul Rafique & Partners of Kuala Lumpur. It was later inferred to the Malaysian Bar Council by several parties, including activist Haris Ibrahim  and Robert Phang that the lawyer duo was Tan Sri Cecil Abraham and his son. The Bar Council has promised to begin investigations into the drafting of the second statutory declaration. Bala's lawyer Americk Sidhu revealed in an Bar Council investigation hearings that Cecil Abraham confirmed to him that he was the one who drafted Bala's second statutory declaration under instructions from Najib himself. A professional misconduct complaint will be lodged against Cecil Abraham by the Bar Council.

A lawyer for Chief Inspector Azilah Hadri says the type of explosives used in the murder of Mongolian national Altantuya Shaariibuu is not in the stock of federal police headquarters Bukit Aman. “Azilah's log record from Bukit Aman shows that he was only issued with a Glock pistol and magazines. Hence, there is a question as to how this type of explosive was allegedly used," said lawyer Hazman Ahmad.