Thursday 11 July 2024

Is the Government above the law?

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After 18 years of her murder, the federal government still refuses to find out who gave the order to the police to kill her. It also refuses to take responsibility for the killing by cops.

Is the Government above the law?

KUALA LUMPUR, July 11`, 2024: Not only is the federal government not interested to find out who gave the order to the two police commandos to assassinate Mongolian Altantuya Shaariibu, it refuses to heed a 2022 High Court order.

The High Court had slapped a RM5 million judgment for the Government to pay for the killing.

The High Court found the Government jointly and severally liable together with political analyst Abdul Razak Baginda (a close associate of the now disgraced former prime minister Najib "1MDB" Razak, and two former policemen for the murder 18 years ago.

The police shot Altantuya in the head point blank and blew her body to smithereens with military-grade C4 explosives, in an attempt to get rid of any possible evidence of a foetus she was carrying.

In the application, filed last month, Altantuya’s family is asking the Shah Alam High Court to issue a certificate under Section 33(1) of the Government Proceedings Act 1956.

It also wants the government to pay another RM4.25 million in interest, the sum accrued since the filing of the suit in 2007, and another RM25,000 in costs, as awarded by trial judge Vazeer Alam Mydin Meera on Dec 16, 2022.

The application is supported by an affidavit signed by lawyer Sangeet Kaur Deo.

Sangeet said the Government filed an affidavit early this month to oppose the application.

No News Is Bad News reproduces below a news report on Altantuya family’s legal predicament:


Altantuya’s family seeks to enforce RM5mil judgment

V Anbalagan-11 Jul 2024, 04:26 PM

However, the government is opposing the application and has applied to stay the judgment delivered in 2022.

Altantuya Shaariibuu’s parents and her son have applied for the High Court to issue a certificate stipulating the total sum owed by the federal government pursuant to a judgment given in their favour two years ago. (File pic)

PETALING JAYA: The family of Altantuya Shaariibuu has applied to enforce a RM5 million judgment against the government, which was found jointly and severally liable together with political analyst Abdul Razak Baginda and two former policemen for her unlawful killing 18 years ago.

In the application, filed last month, the family is asking the Shah Alam High Court to issue a certificate under Section 33(1) of the Government Proceedings Act 1956.

It also wants the government to pay another RM4.25 million in interest, the sum accrued since the filing of the suit in 2007, and another RM25,000 in costs, as awarded by trial judge Vazeer Alam Mydin Meera on Dec 16, 2022.

The application is supported by an affidavit signed by lawyer Sangeet Kaur Deo.

Sangeet said the government filed an affidavit early this month to oppose the application.

“They have also filed an application to stay the judgment until the enforcement application is disposed of,” she said.

She said civil action will also be initiated against Razak, who has not sought a stay of the judgment.

Sangeet said Altantuya’s parents, Shaariibuu Setev and Altantsetseg Sanjaa, and her son, Mungunshagai, filed the application as there has been no progress on settlement negotiations with Putrajaya over payment of the sums due on the judgment.

The government and Razak, who admitted to being in a romantic relationship with Altantuya, have appealed against quantum and liability. Meanwhile the family, has filed a cross-appeal seeking higher compensation.

Altantuya was shot in the head in 2006 in a forest in Puncak Alam. Her body was later blown up with explosives.

Former policemen Azilah Hadri and Sirul Azhar Umar were found guilty and sentenced to death for her murder.

Razak, a former aide to then deputy prime minister Najib Razak, was charged with abetting the duo, but was acquitted without his defence being called.

Sirul, who was freed from Australian immigration detention in November last year and is now living in Canberra, and Azilah, who is on death row at Kajang prison, did not challenge the family’s suit.

In his written judgment released last week, Vazeer said he had to draw an adverse inference against Razak after he elected not to testify under oath or call witnesses in the suit.

Vazeer said Sirul and Azilah had also admitted to several police officers that they had caused Altantuya’s unlawful death by first shooting her with a firearm and then blowing her body to smithereens by strapping it with military grade explosives.

He said Razak’s conduct before and after the death of the victim gave rise to the irresistible inference that he conspired and colluded with the policemen.

Vazeer said Sirul and Azilah had no reasons of their own to kill Altantuya.

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