Too many unanswered questions in the ruthless murder of the beautiful 28-year old
By Wong Choon Mei
In a move that will again cast the spotlight on Deputy Premier Najib Abdul Razak, the family of murdered Mongolian translator Altantuya Shaariibuu has filed a motion to quash a decision not to appeal against the acquittal of her former lover Abdul Razak Baginda - a close friend of the Malaysian leader and who was charged with abetting her killing.
Prominent lawyer Karpal Singh, acting on behalf of Altantuya’s family, filed the application at the Shah Alam High Court today.The review seeks to overturn the decision by Attorney-General Abdul Gani Patail not to appeal against the High Court’s acquittal of Razak, without calling for the his defence.
It further asks the court to rule that an order of mandamus be issued to compel Abdul Gani to apply for an extension of time to appeal the decision and thereafter, to apply to the Court of Appeal for a warrant that Abdul Razak be remanded or admitted to bail pending the disposal of the appeal.
“The applicant has lost a daughter and is responsible for the upbringing of her two young children, one of whom is physically challenged. The applicant’s legitimate expectation for justice should be given the highest premium and fulfilment,” the application said.
Justice Mohd Zaki Yassin had in October acquitted Razak from charges of abetting in the 2006 murder of Altantuya - who was allegedly killed in a jungle clearing in Malaysia and her body bombed to pieces to avoid identification.
Razak, already married with a grown-up daughter, was a political analyst and an adviser to Najib.
The high-profile case has been closely followed both nationally and internationally - not only because it implicated prime minister-designate Najib - but also because of the gruesome manner in which the beautiful 28-year old had been killed.
The 55-year old deputy premier has been accused of having a sexual relationship with Altantuya before introducing her to Razak. He has repeatedly denied the accusations, saying he has never met her.
No smoke without fire
Nevertheless, too many unanswered questions abound - preventing the fire of scandal from burning out.
Adding to the smoke is the fact that two other suspects Chief Inspector Azilah Hadri and Corporal Sirul Azhar Umar were members of the elite Malaysian Police Special Action Force and had been assigned to Najib’s office at the time of the murder.
Both Azilah and Sirul have been directed by the High Court to enter their defence.
Malaysians too are waiting for news about a statutory declaration made and retracted the very next day by P Balasubramaniam, a private investigator hired by Razak. In the statutory declaration, Balasubramaniam said Razak told him that Najib had had sex with Altantuya and that the trio had dinner together in Paris.
Balasubramaniam’s sudden disappearance immediately after his retraction has raised questions about the extent of the Malaysian authorities’ role in the entire epidose. Their lackadaisical response too has prompted criticism about the lack of impartiality in the way the case has been handled.
It therefore came as little surprise when deputy public prosecutor Tun Abdul Majid Tun Hamzah confirmed the Malaysian government would not appeal against Razak’s acquittal.
Said Karpal at court today: “The Attorney-General’s discretion cannot be absolute. He must act fairly and reasonably and not arbitrarily. If the King and rulers are subject to law, then I cannot see how the AG is exempted to act as he pleases without question.”
From their perspective
Meanwhile, Altantuya’s father Setev Shariibuu - the 58-year-old director of the National University of Mongolia’s information and education centre - has expressed disappointment over the Malaysian court’s decision to free Razak.
Speculation too has been rife that the Mongolian government might take the case to the International Courts after a statement, purportedly issued in the Mongolian press ‘Montsame’, was carried in some local media and blogs.
The statement, signed by one S Batbayar, first appeared days after Razak’s acquittal.
“Ulaanbaatar, /MONTSAME/ The world community is well aware of the ruthless murder of Mongolian citizen Altantuya Shaariibuu on October 19, 2006, in Punchak Alam, Malyasia, being shot twice and blown up by an explosive.
The Government of Mongolia reaffirms hereby that it has been consistently paying attention, from the very beginning of this cruel crime to the court proceedings. The Prime Minister and the Minister for Foreign Affairs of Mongolia have sent letters twice each to their Malaysian counterparts expressing their confidence that related Malaysian authority would bring a murderer to justice and deliberate a fair court conviction for the case.
The Government of Mongolia deeply regrets that the Malaysian high court judge made a decision on October 31, 2008, to acquit Abdul Razak Baginda–the murder suspect for killing Mongolian Altantuya Shaariibuu.
Although Mongolia has no legal rights to take part in the court proceedings, the Government of Mongolia is responsible for protecting legitimate rights and interests of its citizen under international treaties and national legislation.
In connection with the recent court decision to acquit the suspect Abdul Razak Baginda, the Minister for Exterrnal Relations of Mongolia Mr S Batbold has sent another letter addressed to the Foreign Minister of Malaysia Mr Rais Yatim requesting the latter to pay attention to and render support for ensuring conditions for a final court decision free from politics and other side influence.
The letter carries a statement by Mongolia’s Government testifying that it will have a strong reason for turning to the international court in order to defend rights and interests of its citizen if the court’s final decision results in unfair trial and proceedings.
A trial for the special unit officers charged for the murder is expected to take place shortly and the Mongolian Government keeps its eyes and ears wide open on the proceedings.
S Batbayar”