The Fallout From a Malaysian Murder Verdict



The acquittal of a top political figure in the murder of a Mongolian translator appears unlikely to stop controversy

Although well-connected Malaysian political analyst Abdul Razak Baginda was acquitted Friday of ordering the murder of his jilted lover Altantuya Shaaribuu, political analysts in Kuala Lumpur believe the political fallout is far from over.

Attorney Karpal Singh, who is holding a watching brief in the trial for the family of the dead Mongolian translator, said prosecutors are discussing the possibility of rearresting Razak and taking the case to Malaysia’s Court of Appeal to argue against acquittal. Under Commonwealth law, prosecutors not only can appeal acquittals but can argue for stiffer sentences. On Tuesday, representatives of the Mongolian government and Altantuya’s family asked that Razak be jailed until the appeal is disposed of.

The question is whether the prosecution wants to appeal. The decision to free Razak, rightly or wrongly, is regarded by Malaysia’s increasingly cynical citizens as politically charged and powered by his friendship to Najib Tun Razak, the scandal-scarred deputy prime minister who is expected to succeed the flagging Abdullah Ahmad Badawi as prime minister early next year.
The decision by High Court Judge Mohd Zaki Mohd Yasin to free Razak has kicked off a furor in Malaysia, with legions of outraged bloggers calling the decision a joke. Said one email critic: “How can one help but come to the conclusion that the elite, with the proper connections, can get away with anything?” She was only one of scores of Internet critics criticizing the decision.

Razak’s two alleged accomplices, Police Inspector Azilah Hadri and Corporal Sirul Azhar Umar, have been ordered by High Court Judge Mohd Zaki Md Yasin to put on a legal defense in the case, which stems from the brutal murder of the 28-year-old woman on October 19, 2006, when she was shot in the head and her body was blown up with explosives in a jungle clearing near the Kuala Lumpur suburb of Shah Alam. If convicted, they could hang.

Mohd Zaki, in acquitting the politically well-connected insider, whose associations reach to the very top of UMNO, relied heavily on an affidavit to which Razak testified shortly after being arrested. The judge said the affidavit absolved Razak of ordering the murder despite the fact that the document raises as many questions as it answers.

Certainly the acquittal presents an increasing dilemma for the Malaysian court system, which is already under harsh domestic and international criticism on allegations of corruption and political cronyism, if not the ruling national coalition itself. The trial has dragged on for months of apparently pointless testimony that suggested the court, the defense and the prosecutors were attempting to delay it until the sting of a not-guilty verdict would not excite public outrage.