Top Malaysian court condemns two police to death for 2006 murder of Mongolian model

TrueColors · Jan 13, 2015

Top Malaysian court condemns two police to death for 2006 murder of Mongolian model

Federal Court unanimously overrules 2009 High Court acquittal of two Special Action Unit commandos and sentences them to be hanged for murder of model Altantuya Shaariibuu

PUBLISHED : Tuesday, 13 January, 2015, 1:14pm
UPDATED : Tuesday, 13 January, 2015, 2:12pm

Reuters in Kuala Lumpur

Sirul Azhar Umar's lawyer, Kamarul Hisham Kamaruddin (centre) leaves the Federal Court in Putrajaya, Malaysia on Tuesday. Photo: EPA

Malaysia’s Federal Court on Tuesday reversed the acquittal of two policemen, finding them guilty of killing and blowing up a Mongolian model linked with a former associate of Prime Minister Najib Razak.

The officers, who were part of Najib’s personal security detail at the time of the 2006 murder of 28-year-old Altantuya Shaariibuu, were initially found guilty in 2009 but later acquitted in 2013.

The acquittal by the Court of Appeal, which ruled their conviction unsafe, had revived public outrage over the model’s mysterious death and also appeared to distance the prime minister from the case.

On Tuesday, Malaysia’s highest court unanimously ruled to overturn the lower court’s decision and restore the High Court’s conviction and death sentence.

The defence “had failed to cast reasonable doubt on the prosecution’s case,” said one of the five presiding judges, Suriyadi Halim Omar.

Malaysian law allows for review of Federal Court decisions, but it was not immediately clear if the defence would seek one.

Combo photograph of scanned prints released in November, 2006, by the Mongolian consulate in Malaysia of Mongolian model Altantuya Shaariibuu, (right), beside an undated picture of Malaysian political analyst Abdul Razak Baginda. Photo: AP

“Obviously we respect the decision and will be bound by the decision,” defence lawyer Kamarul Kamaruddin told reporters after the verdict.

Corporal Sirul Azhar Umar, 43 and Chief Inspector Azilah Hadri, 38, were found guilty on the basis of evidence that disputed their alibis and placed the latter at the crime scene.

The case attracted attention as the courts have never established a motive for the murder.

Sirul did not appear to face Tuesday’s verdict. The court issued an arrest warrant for him.

In 2008, political analyst Abdul Razak Baginda, formerly a close associate of Najib, was acquitted of abetting the murder.

Civil society groups have alleged Shaariibuu’s murder was linked to her role as an interpreter and associate of Razak Baginda in Malaysia’s purchase of two Scorpene-class submarines from French shipbuilding giant DCNS in 2002.

Najib had previously denied allegations of links to Shaariibuu or corruption in the purchase.

tun_dr_m · Jan 13, 2015

Re: Top Malaysian court condemns two police to death for 2006 murder of Mongolian mod

Anyone still not clear about who masterminded the murder and explosion of corpse in this case go jump MRT ASAP!

xpo2015 · Jan 13, 2015

Re: Top Malaysian court condemns two police to death for 2006 murder of Mongolian mod

Solid man getting rid of the evidence we will never to be able to convict the mastermind. What is the motive for the killings?

red amoeba · Jan 13, 2015

Re: Top Malaysian court condemns two police to death for 2006 murder of Mongolian mod

Malaysia boleh.

Brahmadachod · Jan 13, 2015

Re: Top Malaysian court condemns two police to death for 2006 murder of Mongolian mod

case had been opened and reopened and flipped and flopped so many times once sentence to death no need to reopen anymore good job najib

Froggy · Jan 13, 2015

Re: Top Malaysian court condemns two police to death for 2006 murder of Mongolian mod

tun_dr_m said:
Anyone still not clear about who masterminded the murder and explosion of corpse in this case go jump MRT ASAP!

eErotica69 · Jan 13, 2015

Re: Top Malaysian court condemns two police to death for 2006 murder of Mongolian mod

Why jiu hu kia Tonychat and his folks dare not protest against Najib?

Ball-less yet again?

JabRusty · Jan 13, 2015

Re: Top Malaysian court condemns two police to death for 2006 murder of Mongolian mod

poor guys.
wondered if they spill the beans

xcsvscx · Jan 13, 2015

Re: Top Malaysian court condemns two police to death for 2006 murder of Mongolian mod

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palden · Jan 13, 2015

Re: Top Malaysian court condemns two police to death for 2006 murder of Mongolian mod

杀人灭口。dead men tell no tales

Area51 · Jan 14, 2015

Re: Top Malaysian court condemns two police to death for 2006 murder of Mongolian mod

After death sentence for Altantuya’s killers, family to sue Putrajaya RM100m

The Malay Mail Online – 11 hours ago

Ram Karpal Singh is one of the lawyers representing the late Altantuya Shaariibuu’s family, who now proceed with their RM100 million civil suit against Putrajaya. ― File picView Photo

KUALA LUMPUR, Jan 13 ― The family of former Mongolian model Altantuya Shaariibuu’s family will now proceed with their RM100 million civil suit against Putrajaya, their lawyer said today after the Federal Court sent two former police commandos to the gallows for her 2006 murder.

Ram Karpal Singh, who is one of the lawyers representing the late model’s kin, said he will soon write to the High Court to fix a date for case management of the suit, which was filed in June 2007.

“We will be proceeding with the case now since the Federal Court has already delivered its guilty verdict on the case.

“We have been waiting for this verdict for a very long time because the direction was to wait for the outcome of the criminal proceedings,” Ram, the son of the late senior criminal lawyer Karpal Singh, told Malay Mail Online when contacted.

The lawyer said today’s guilty verdict against Chief Inspector Azilah Hadri and Corporal Sirul Azhar Umar would help the family’s case against the federal government.

Ram said he will represent the family as lead counsel in the suit. His sister Sangeet Kaur and two others who are yet to be confirmed will also be a part of the team, he revealed.

Earlier this morning, the Federal Court reversed the acquittal of Azilah and Sirul Azhar over the high-profile murder of the Mongolian model, and sentenced them to death.

The decision by a panel of five judges chaired by Chief Justice Tun Arifin Zakaria was unanimous.

“The Court of Appeal order is set aside. The order of conviction and mandatory death sentence by the High Court are restored and affirmed,” Tan Sri Suriyadi Halim Omar said when delivering the verdict.

The court added that the prosecution has successfully proven its case beyond reasonable doubt, also saying that Azilah and Sirul had failed to cast a reasonable doubt on the case against them.

The two former police commandos previously won their acquittal in 2013 and walked out of prison as free men.

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.

On June 4, 2007, Altantuya’s parents and her two children filed a civil suit against both Azilah and Sirul Azhar, the government and former aide to Prime Minister Datuk Seri Najib Abdul Razak, Abdul Razak Baginda, seeking RM100 million in compensation for her death, citing mental shock and psychological trauma.

The civil suit filed in 2007 was paused while the criminal proceedings and subsequent appeal was going on.

Altantuya was said to have acted as a translator for Perimekar Sdn Bhd in Malaysia’s multi-billion ringgit purchase of two Scorpene-class submarines from French firm DCNS, prior to her murder.

Perimekar is owned by Abdul Razak, and reportedly received RM574 million in commission for providing support and co-ordination services to Putrajaya for the 2002 deal, back when Najib was the defence minister.

Abdul Razak was initially charged with abetting Azilah and Sirul 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.

Abdul Razak is now believed to be based in the UK.

eatshitndie · Jan 14, 2015

Re: Top Malaysian court condemns two police to death for 2006 murder of Mongolian mod

the whole saga will made into a movie titled "mongolian bbq". :o

winnipegjets · Jan 14, 2015

Re: Top Malaysian court condemns two police to death for 2006 murder of Mongolian mod

Najib wants his Mongolian fling to go to the grave, thus the judges have to kill those scapegoats.

Only stupid judges, like those in sinkapore, can draw such conclusion even when there is NO motive.

eatshitndie · Jan 14, 2015

Re: Top Malaysian court condemns two police to death for 2006 murder of Mongolian mod

winnipegjets said:
Najib wants his Mongolian fling to go to the grave, thus the judges have to kill those scapegoats.

Only stupid judges, like those in sinkapore, can draw such conclusion even when there is NO motive.

sinkies should consider themselves lucky they don't get summarily executed and burned just because a fling turns into harassment for compensation.

Area51 · Jan 14, 2015

Re: Top Malaysian court condemns two police to death for 2006 murder of Mongolian mod

Top Malaysian court condemns two police to death for 2006 murder of Mongolian model

Top court overturns acquittal in killing of Mongolian woman in 2006

PUBLISHED : Tuesday, 13 January, 2015, 1:14pm
UPDATED : Wednesday, 14 January, 2015, 3:37am

Associated Press in Kuala Lumpur

Policemen Azilah Hadri and Sirul Azhar Umar arrive at the courthouse in Shah Alam outside Kuala Lumpur in this 2009 photo. Photo: Reuters

Malaysia's top court yesterday sentenced two police officers to death by hanging, after overturning their acquittal by a lower court over the killing of a Mongolian woman who had an affair with a friend of the country's prime minister.

The verdict ended an eight-year saga surrounding the high-profile case that the opposition has repeatedly sought to link to Prime Minister Najib Razak.

The officers were the only suspects found guilty of shooting Altantuya Shaariibuu in 2006 and blowing up her body with military explosives. Opposition leaders have repeatedly said that Najib must have had a role in approving the killing, but the prime minister has denied any links.

A High Court judge in 2009 sentenced the officers to be hanged, but the Court of Appeals acquitted them in 2013.

Sirul Azhar Umar's lawyer, Kamarul Hisham Kamaruddin (centre) leaves the Federal Court in Putrajaya, Malaysia on Tuesday. Photo: EPA

Prosecutor Tun Abdul Majid Tun Hamzah said a five-member Federal Court panel unanimously ruled yesterday that the prosecution had proven its case and that the Court of Appeals was wrong in reversing the findings of the trial court.

The prosecution had contended that the murder of Shaariibuu, 28, was ordered by her former lover Abdul Razak Baginda, a prominent defence analyst, after their affair ended. Razak Baginda had been in charge of purchasing submarines on behalf of the Malaysian government and was a close associate of current Prime Minister Najib Razak, who was defence minister at the time of the deal.

Combo photograph of scanned prints released in November, 2006, by the Mongolian consulate in Malaysia of Mongolian model Altantuya Shaariibuu, (right), beside an undated picture of Malaysian political analyst Abdul Razak Baginda. Photo: AP

Allegations have simmered for years that Altantuya was murdered to keep her quiet about purported kickbacks to high-level Malaysian officials.

The case centred on allegations French submarine maker DCNS paid commissions of more than €114 million (HK$1.04 billion) to a shell company linked to Razak Baginda, who is not related to the premier. Malaysia's opposition claims these were kickbacks.

The High Court in 2008 acquitted Abdul Razak, a married man, of charges of abetting the murder. Abdul Razak has said that Shaariibuu kept pestering him for money and threatened to go public with their affair, prompting him to seek help from the two police officers, who worked for an elite unit assigned to VIP security.

The two officers acknowledged picking up Shaariibuu from outside Abdul Razak's house. The prosecution alleged they took her to a jungle clearing and killed her.

Bones of Altantuya Shaariibuu found. Photo: Reuters

Both officers denied murdering her. One of them, Azilah Hadri, said he handed Shaariibuu over to his colleague, Sirul Azhar Umar, and never saw her again. During the trial, Sirul said he was "just a scapegoat who has to be sacrificed to cover up the ill intentions of those who were not in court".

Tun Abdul Majid, the prosecutor, said he had obtained a warrant of arrest for Sirul, who failed to appear in court yesterday. He said the two men can appeal to the state sultan for a pardon to commute their death sentence to imprisonment.

Cynthia Gabriel, who runs a Malaysian anti-corruption NGO, welcomed the decision but said too many questions remain unanswered. "For truth-seeking Malaysians, they want to know the motive for her brutal death and if anyone high up in the political leadership was also involved in the murder," Gabriel said.

Additional reporting by Agence France-Presse

eErotica69 · Jan 14, 2015

Re: Top Malaysian court condemns two police to death for 2006 murder of Mongolian mod

So much of injustice in matland!!

Time for our keyboard warrior jiu hu kia Tonychat to protest outside Putrajaya Building.

Fascination · Jan 15, 2015

Re: Top Malaysian court condemns two police to death for 2006 murder of Mongolian mod

Malaysian policeman sentenced to hang for model's murder is living in Australia

Date January 14, 2015 - 10:38PM
Lindsay Murdoch

The Malaysian government has refused to hold an inquiry into the murder of model Altantuya Shaaribuu. Photo: Asia Sentinel

A former police commando at the centre of a sensational murder case in Malaysia who has been sentenced to hang in Kuala Lumpur is believed to be living in Australia.

Malaysian police say they will ask Australian authorities to arrest and extradite Sirul Azhar Umar, one of two policemen convicted over the murder of glamorous Mongolian fashion model Altantuya Shaaribuu amid allegations of high-level bribery and political intrigue in Kuala Lumpur.

"I do not know why she was killed," said the father of Ms Shaaribuu. Photo: Asia Sentinel

The presence of Sirul, a former bodyguard of Malaysia's Prime Minister Najib Razak, in Australia would create a dilemma for the Abbott government, which opposes the death penalty. Australia signed an extradition treaty with Malaysia in 2006.

Prime Minister Tony Abbott said last week Australia will make the "strongest possible representations" on behalf of Myuran Sukumaran, the Bali Nine drug mule on death row whose bid for clemency has been rejected by Indonesian President Joko Widodo.

"Australia opposes the death penalty. We oppose the death penalty for Australians at home and abroad," he said.

"We obviously respect the legal systems of other countries but where there is an attempt to impose the death penalty on an Australian, we make the strongest possible diplomatic representations."

Sydney grandmother Maria Elvira Pinto Exposto, 51, faces a mandatory death sentence if found guilty in Kuala Lumpur of drugs charges.

Kuala Lumpur police chief Mohmad Salleh told journalists Malaysia will seek the co-operation of international police to arrest Sirul, a father of two.

"To date, the Malaysian Immigration Department has confirmed that he went abroad, namely Australia. He went in October last year," he said.

"We will liaise with the Australian Federal Police if he is there but if he has left for other destinations we will liaise with Interpol to arrest him. "

Allegations have simmered for eight years that Ms Shaaribuu, 28, was murdered to keep her quiet about purported kickbacks to high-level Malaysian officials.

According to court testimony, Ms Shaaribuu begged for her life and that of her unborn child before she was shot twice in the head, wrapped in C4 plastic explosives and blown up.

Her remains were found in a patch of jungle in Kuala Lumpur's suburbs on October 19, 2006.

No motive for the murder has been established in court.

"Why was my daughter killed?," Ms Shaaribuu's father Setev Shaaribuu asked after a Federal Court panel on Tuesday upheld a 2009 sentence for Sirul and former Malaysian chief inspector Azilah Hadri to hang.

"Until today, I do not know why she was killed," Mr Shaaribuu told the Malaysiakini online news service from Ulanbataar through his lawyer.

The government has refused to hold an inquiry into the case.

Mr Shaaribuu confirmed that he will now proceed with a civil suit against the Malaysian government over the murder of his daughter, who was a lover of Ferrari-driving businessman Abdul Razak Baginda, a friend and policy adviser to Mr Najib.

The case centres on Malaysia's US$2 billion purchase of two French-Spanish-built Scorpene submarines in 2002 when Mr Najib was defence minister.

Ms Shaaribuu spoke several languages and worked as a translator in the latter stages of deal negotiations.

Mr Najib strongly denies ever meeting Ms Shaaribuu or having any link with her and the government denies any wrongdoing in the submarine purchases.

But French investigating magistrates in Paris are looking into so-called "commission" payments totalling about US$160 million to companies reportedly set-up by Mr Baginda, who was initially charged with abetting a murder. The charge was dropped in 2008 before any evidence was heard against him in court.

He is believed to be now living in Britain.

Ms Shaaribuu, who had been married to a popular Mongolian singer, admitted in a letter found after her murder she had been blackmailing Mr Baginda, who had jilted her after they travelled through Asia and Europe together.

She allegedly wanted a US$500,000 cut to remain silent about her knowledge of the submarine deal.

Ms Shaaribuu was abducted outside Mr Baginda's house where she was said to be causing a scene.

Both Azilah and Sirul denied any involvement in the murder.

Pleading with a court not to execute him in 2009, Sirul described himself as a "black sheep that has to be sacrificed" to protect unnamed people.

"I have no reason to cause hurt, what's more to take a life 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."

No motive for the murder of Ms Shaaribuu, who has two sons, was established in court.

The Federal Court panel of five judges said on Tuesday the two policemen had both separately led investigators to the site where the body was found, which "strengthened" the case against them.

A shocked-looking Azilah was led out of the courtroom after the decision.

Sirul's defence team, however, told the court they did not know his whereabouts.

An arrest warrant was issued.

Azilah and Sirul were sentenced to hang in 2009 but released when an appeals court overturned the conviction in 2013 after raising questions about how their trial was conducted, prompting the prosecution's appeal to the Federal Court.

Cynthia Gabriel, who runs a Malaysian anti-corruption NGO, welcomed the court decision but said too many questions remain unanswered.

"For truth-seeking Malaysians, they want to know the motive for her brutal death and if anyone high up in the political leadership was also involved in the murder," she said.

Mr Shaaribuu expressed concern that Sirul is missing.

"I hope the police can find him soon, only then will justice for my beloved daughter be truly served," he said.

The only avenue of appeal left for Azilah and Sirul is to the state sultan for a pardon to commute their death sentence to imprisonment.

Comment is being sought from the Australian government's Attorney-General's Department which handles extradition requests from foreign governments.

With AFP, agencies

TrueColors · Jan 16, 2015

Re: Top Malaysian court condemns two police to death for 2006 murder of Mongolian mod

Convicted Malaysian murderer would not be sent back to face death penalty

Date January 15, 2015 - 4:40PM
Lindsay Murdoch
South-East Asia correspondent for Fairfax Media

Mongolian fashion model Altantuya Shaariibuu was murdered in 2006. Photo: Asia Sentinel

Bangkok: Australia would refuse a Malaysian government request to extradite to Kuala Lumpur a former Malaysian police commando sentenced to death for the murder of a pregnant Mongolian socialite.

A spokesman for the Attorney-General's Department says Australia's extradition legislation does not allow a person to be surrendered to another country for an offence punishable by death unless the country has given Australia an undertaking that the death penalty will not be carried out.

Altantuya Shaariibuu, 28, who was murdered in Malaysia in 2006. She allegedly wanted $US500,000 to remain silent about a defence ministry submarine deal. Photo: Asia Sentinel

Malaysia's highest court on Tuesday upheld the death penalty for Sirul Azhar Umar, a former bodyguard of Malaysia's Prime Minister Najib Razak and one of the key figures in a sensational case in Kuala Lumpur involving allegations of high-level corruption and political intrigue.

Sirul is believed to be living in Australia.

Malaysian police have asked Australian authorities to arrest and extradite Sirul, one of two policemen convicted over the murder of the socialite Altantuya Shaariibuu.

The request came as Australia prepares to make what Prime Minister Tony Abbott last week described as the "strongest possible representations" on behalf of Myuran Sukumaran, the Bali Nine drug mule on death row whose bid for clemency has been rejected by Indonesian President Joko Widodo.

"Australia opposes the death penalty. We oppose the death penalty for Australians at home and abroad," he said.

Kuala Lumpur police chief Mohmad Salleh said Malaysia will seek the co-operation of the Australian Federal Police to arrest Sirul who, according to immigration records, travelled to Australia in October and failed to attend Tuesday's court hearing before a panel of federal court judges that ordered he and former Malaysian chief inspector Azilah Hadri be executed by hanging.

Allegations have simmered for eight years that Ms Shaariibuu, 28, was murdered to keep her quiet about purported kickbacks to high-level Malaysian officials.

According to court testimony, Ms Shaariibuu begged for her life and that of her unborn child before she was shot twice in the head, wrapped in C4 plastic explosives and blown up in Kuala Lumpur's suburbs on October 19, 2006.

The government has refused to hold an inquiry into the case, which centres on Malaysia's $US2 billion purchase of two French- and Spanish-built Scorpene submarines in 2002 when Mr Najib was defence minister. Ms Shaariibuu worked as a translator in the latter stages of negotiations.

Mr Najib strongly denies ever meeting Ms Shaariibuu or having any link to her, and the government denies any wrongdoing in the submarine purchases.

But French investigators in Paris are looking into so-called "commission" payments totalling about $US160 million to companies reportedly set up by Abdul Razak Baginda, a friend and policy adviser to Mr Najib.

Ms Shaariibuu was a lover of Mr Baginda and admitted in a letter found after her murder she had been blackmailing him. She allegedly wanted a $US500,000 cut to remain silent about her knowledge of the submarine deal.

Mr Baginda is believed to be living in Britain.

Both Azilah and Sirul denied any involvement in the murder.

with agencies

TrueColors · Jan 22, 2015

Re: Top Malaysian court condemns two police to death for 2006 murder of Mongolian mod

Australia faces diplomatic dilemma over detained killer sentenced to death in Malaysia

Imprisoned former policeman Sirul Azhar Umar, sentenced for murder in Malaysia, cannot be extradited under Australian law if he faces execution

PUBLISHED : Wednesday, 21 January, 2015, 2:38pm
UPDATED : Wednesday, 21 January, 2015, 2:38pm

Associated Press in Canberra

Policemen Sirul Azhar Umar and Azilah Hadri arrive at the courthouse in Shah Alam outside Kuala Lumpur in this January 2009 file picture. Photo: Reuters

A high-profile Malaysian fugitive detained in Australia has created a diplomatic problem for Canberra because the government cannot by law extradite someone who could face capital punishment.

Sirul Azhar Umar, a former policeman, has been sentenced to death for the murder of a Mongolian woman in 2006 after her year-long affair with a friend of Malaysian Prime Minister Najib Razak ended in a messy disagreement.

The Australian government confirmed on Wednesday Sirul had been detained a day earlier.

Don Rothwell, an Australian National University expert on international law, says if Sirul was extradited, Malaysia would first have to offer a guarantee he would not be executed.

Malaysian Home Minister Wan Junaidi Tuanku Jaafar told the Bernama news agency that Malaysia would consider bringing legal action against Australia if Sirul was not returned.

tonychat · Jan 22, 2015

Re: Top Malaysian court condemns two police to death for 2006 murder of Mongolian mod

What is the race and religion of the person committed the murderous act? Is it same as those in the middle east?

Top Malaysian court condemns two police to death for 2006 murder of Mongolian model

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