Altantuya`s dad questions Malaysia PM Najib`s innocence for refusing to help in Scorpenes trial

From: Mathaba

The Malaysian Prime Minister Najib Razak, stands accused by many of involvement in the murder of Atlantuya Shaariibuu, a young Mongolian woman. The current affair of the two protesters with one shot dead outside his office on Monday, upcoming elections and a visit by Mongolian investigators in the wake of new evidence, threaten to blow the unresolved case open again. <a href='http://ads.heyu.net/www/delivery/ck.php?n=aa791ad8&cb={random}' target='_top'><img src='http://ads.heyu.net/www/delivery/avw.php?zoneid=24&cb={random}&n=aa791ad8&ct0={clickurl}' border='0' alt='' width='300' height='250' /></a> HeyU Quality Ads When even the father of Altantuya Shaariibuu, the young Mongolian woman who was murdered in Malaysia, questions why Prime Minister Najib Razak is so reluctant to take part in the French Scorpenes corruption trial, then it is indeed time for Najib as the leader of his nation to step forward and clear his name and his government's for the world to see. Setev's words are not only loud and clear for all to hear but have deep implications for Malaysia, which has been dragged into the centre of the 6-year-long global scandal. If Najib doesn't dare to defend his own name, then he must be hiding something or is even guilty of the damning allegations made against him. This is what Setev is saying. And if this is so, then Malaysians may have to finally rouse themselves into action and demand the resignation of their scandal-tainted prime minister if he refuses to come clean and be responsible to them and the global community. Shocking silence, a sign of guilt? In a press statement issued to the Malaysia media on Thursday and read out at a press conference by PKR MP for Kelana Jaya Loh Gwo-Burne, Setev said it was shocking that the Najib administration had not taken any interest in assisting or participating in the Scorpenes probe. His 28-year-old daughter is believed to have been killed because of her knowledge of the Scorpene submarines deal, in which French vendor DCNS has been accused of bribing officials including Najib to seal the RM7.3bil sale to the Malaysian government. Setev also expressed shock that the Malaysian Parliament - which is controlled by Najib's Umno party - had rejected a recent motion to debate new evidence uncovered in the French trial that indicated Najib's close friend and Scorpenes negotiator Razak Baginda may have sold military secrets to DCNS. "Due to the murder of my daughter, I have taken a keen interest in the Scorpene trial in the French Court. The latest developments have seen information regarding a Hong Kong company named Terasasi whereby Razak Baginda and his father are directors, being implicated in the selling of military secrets to a French company," said Shaariibuu. Sweeping dirt under the carpet DCNS is now on trial in Paris for corrupt dealing in the Malaysian Scorpenes purchase. French police have uncovered hundreds of documents which are still being assessed by the French court. So far, the money trail established for the payment of the Scorpenes bribe has led to Baginda, whom many regard as Najib's front man, and Umno. Nonetheless, Malaysian authorities including current Defense minister Zahid Hamidi and top military officials have denied naval secrets were sold. And although such an act is high treason, no one in the Malaysian government has dared to call for an investigation. Their nonchalant sweeping of the dirt under the carpet has sparked public indignation and anger. Some political watchers say Najib and Umno will have to keep closing an eye and repeating their denials because the country's 13th general election is due to be held soon. To Altantuya's dad, that might be trivializing his daughter's murder, but by sitting on both the Scorpene and Altanutya cases, Najib is courting serious trouble and loss of voter confidence in his personal integrity. We have proof Altantuya traveled to France Setev also refuted the slew allegations spun by the Umno-controlled Malaysian media that Altantuya did not travel to France between 1999 and 2007. The Scorpenes were bought in 2002 and Altantuya was killed in 2006. "We have proof that she did indeed travel to France and will produce the evidence if so required. I hope that through this case and efforts of other good people in France and Malaysia, we will get to the truth and hopefully find the real masterminds behind my daughter's murder," said Setev. Setev, who added that he was willing to assist in the Scorpene probe and could provide useful information that would bring more clarity to the case, is alread on the list of witness due to testify before the French court. Intertwined - Altantuya and Scorpenes Deliberately misreporting, the Malaysian media had cited French immigration records and insisted that these showed she had not entered France. However, the latest court documents showed that she actually did so, bolstering Setev's claim. There is also testimony from a DCNS official saying that he had met her and she was known to him as Baginda's interpreter. The reasons are obvious why Najib and Umno would go all out to de-link the Altantuya murder from the Scorpenes deal. In the Scorpenes case, at the most, Najib and Umno could be found guilty of only graft. However, once the connection between the Scorpenes purchase and Altantuya is established, it would be difficult for the Malaysian courts to refuse to re-open the case. There might even be a re-trial if the evidence uncovered in France is deemed significant and central to the motive behind her murder. Najib and top Umno officials might find themselves on the list of new suspects. Urged to extend full co-operation to Mongolian investigators Setev also appealed to the Najib administration to extend "full and sincere" assistance to a Mongolian working team due to arrive in Kuala Lumpur to investigate Altantuya's murder. Altantuya, who speaks 4 languages including Russian, was shot in a jungle clearing in Shah Alam by two of Najib's former bodyguards. They also blew up her body with restricted-for-military-use C4 explosives so as to prevent identification. While the two cops have been sentenced to hang for the murder, there is obvious public dissatisfaction with the outcome. Firstly, Baginda was controversially acquitted of having abetted in the murder. He was seen as having been let off easily, without the full story being dragged out from him by either the police or the prosecutors. Secondly, the majority of people following the case believe that the real master minds behind the killing have yet to be exposed. "I hope for the sake of justice and mutual relations between Mongolia and Malaysia, that the Malaysian government will provide full and sincere assistance to the Mongolian working team which will be arriving in Malaysia this August to investigate the murder of my daughter." Malaysia Chronicle

A Day of Infamy for our Judiciary: Freeing Altantuya Murderers

Source: August 24, 2013 by dinobeano

MY COMMENT: I am shocked and embittered by the decision of our Appeals Court to set free convicted murderers of a Mongolian national. It is not disbelief, John, it is certainly an outrage and it is very much a national disgrace. It’s time for the Mongolian Government to stand up for the rights of the murdered Altantuya and her family to justice. If these characters did not kill her, who executed this dastardly act and on whose orders was the C4 explosives used? God certainly knows and we minions who dream of peace, freedom and justice also know what had happened. I can imagine the consequences if the victim of this brutal murder was a US citizen. The US government would pursue to the matter to the ends of the earth. It is a Day of Infamy for Malaysian Justice.–Din Merican

A Day of Infamy for our Judiciary: Freeing Altantuya Murderers

Written by John Berthelsen
Friday, 23 August 2013
The tragedy of a brutal killing compounded by courtroom farce

Malaysia’s Court of Appeal on Friday overturned an earlier conviction of two of Prime Minister Najib Tun Razak’s former bodyguards on a charge of murdering Mongolian translator Altantuya Shaariibuu in October 2006 in a ruling that was greeted with disbelief and outrage.

The court said the two former elite police offers would go free because Najib’s chief of staff, Musa Safri (left), was never called to testify in a trial that was widely regarded as a cooked-up sham designed to protect Najib, then Defense Minister, from being interrogated or having to testify.The prosecution can appeal the acquittal to the Federal Court, the nation’s highest tribunal. The two were scheduled to be freed on Friday. The judgment caused predictable anger and derision in Kuala Lumpur, with hundreds of Twitter responses condemning the verdict as a farce.

Cynthia Gabriel, Director of the human rights NGO Suaram, issued a statement that the “shocking verdict throws open the murder of Altantuya in 2006 and questions now abound as to who killed her. It also throws open the question on how she was killed. How were the C4 explosives (used to blow up her body) obtained? It’s not like C4 can be obtained at 7-Eleven stores,” she said.

The tangled case has transfixed Malaysian high society for nearly seven years, in major part because of the extraordinary efforts by the government and prosecutors to insulate Najib and his wife, Rosmah Mansor, and others from the case. Those efforts included promising a now-dead private detective RM5 million to shut up and get out of the country after he had implicated Najib in the case.Altantuya was murdered execution-style on Oct.19, 2006, leaving behind a note confessing that she was attempting to blackmail Abdul Razak Baginda, a security analyst and close friend of then Defense Minister Najib, for US$500,000. Although no reason was given for the blackmail attempt, it was thought to have been in connection with the US$1 billion purchase of submarines from a French-owned defense contractor in which Razak Baginda’s wholly owned company, Perimekar Sdn Bhd, received a €114 million commission that was characterized in a French investigation as a bribe to be steered to the United Malays National Organization.

Razak Baginda was initially charged along with the two bodyguards but in a highly unusual proceeding was freed without having to put on a defense despite having delivered a sworn statement that he had asked Najib’s office to do something about Altantuya, his jilted girlfriend, who was harassing him. He immediately decamped for the UK and hasn’t been seen since in Malaysia.The original court case against the two bodyguards was replete with numerous irregularities including the last-minute replacement of the trial judge and prosecution team before the trial began and what appeared to be clear attempts to keep evidence from being introduced in court, including an assertion by Altantuya‘s cousin that she had seen pictures of Altantuya with Najib and Razak Baginda at dinner together.

The woman also testified that all records of her entry to the country with Altantuya had disappeared from the immigration department. Her allegations were never followed up.The decision by the three-member appeal court came despite the fact that Corporal Sirul Azhar Umar, one of the two, confessed to the murder in a sworn statement that inexplicably was never introduced in court. Sirul had even been read his rights prior to the confession. He was also not questioned by prosecutors in court about the events he described in the excluded confession.

In that document, Sirul said he and Chief Inspector Azilah Hadri of the Special Action Unit, the other freed Friday, had been promised RM100,000 to kill the woman and two of her Mongolian companions. The Special Action United was under then-Defense Minister Najib. When they tried to seek out the women in their hotel, Sirul said, CCTV cameras made it impractical to kill them there. Eventually, according to reports, they picked up Altantuya in front of Razak Baginda’s house and took her to the clearing where she was killed There was no attempt at trial to determine who offered to pay for the murder.

From the time Azilah and Sirul were put on trial, the case had obvious political overtones because of speculation about who may have ordered the killing and also because she was pregnant at the time, perhaps with a high-ranking official’s baby. After she was shot twice in the head in a jungled area near the city of Shah Alam, her body was blown up with plastic explosives, contributing to the theory that the murderers were attempting to destroy the fetus’s DNA.

The decision to hear the appeal was delayed for more than two years, raising suspicions that the delay was ordered to keep the case from affecting the May 5, 2013 general election, in which Najib and the Barisan Nasional coalition managed to preserve a parliamentary majority despite losing the popular vote to the opposition Pakatan Rakyat led by Anwar Ibrahim.

Senior lawyer Karpal Singh, national chairman of the Opposition Democratic Action Party, who held a watching brief for Altantuya’s family during the original trial, said he would reactivate a suspended RM100 million civil suit over the woman’s death and would try to call Najib and Musa Safri to the witness stand.Altantuya’s father, Setev Shaariibuu, an Ulan Batur psychologist, was contacted by News portal MalaysiaKini through a Mongolian lawyer but he refused to give a statement. He was quoted saying, “It is time the government of Mongolia make a statement about this.”

Although Altantuya had once been Razak Baginda’s girlfriend, the late private detective, Perumal Balasumbraniam, said he had been told by Razak Baginda that she had been Najib’s girlfriend first but that he passed her on to Razak Baginda because Najib didn’t want to be entangled in an affair when he was seeking the premiership.

Razak Baginda’s wife Mazalinda, on the first day of the trial in a Kuala Lumpur courtroom, screamed out that Razak Baginda “didn’t want to be prime minister,” which was taken as an acknowledgment of the prior relationship.”Najib has repeatedly claimed to have sworn on the Koran that he never met the woman, although a trail of evidence shows that Najib, Razak Baginda and Altantuya were in Europe at the same time in 2005 when Najib, as Defense Minister, was finalizing the training of Malaysian naval personnel to operate the country’s scandal-plagued Scorpene submarines, bought from a subsidiary of the French defense giant DCN.

The judgment, read this morning by Justice Tengku Maimun Tuan Mat, ruled there was serious misdirection by the High Court judge on the original trial, including not calling Najib’s former aide de camp Musa Safri and the failure to take into consideration the police station’s diary which stated that Azilah was at the Bukit Aman main police headquarters at the time Altantuya was killed.In reading the judgment, Justice Tengku Maimun said the court did not find anywhere in the High Court’s judgment that the alibi had been considered and that there were inconsistencies in the telephone call logs of the accused.

“These include the police station’s diary which states that Azilah was at Bukit Aman and not at the crime scene.”"It is our judgment the cumulative effect of the non-directions by the judged rendered the conviction unsafe. We unanimously allow both appeals. Conviction and sentence are set aside. The appellants are acquitted and discharged,” concluded Tengku Maimun.

(With reporting by Malaysiakini)

http://www.asiasentinel.com/index.php?option=com_content&task=view&id=5658&Itemid=199

 

Aljazeera - Malaysia parliament expels MP Opposition MP suspended for a year after labelling deputy PM a "murderer".

Gobind Singh Deo, a member of the opposition Democratic Action Party, made the comment on Thursday when he shouted "answer me, you murderer" at Najib Tun Razak, the current Malaysian deputy prime minister. Malaysia's parliament has suspended an opposition member for one year, after he called the incoming prime minister a murderer. Najib is due to take over the job of prime minister next month. Two police officers who had worked as Najib's bodyguards are currently on trial over the killing of a Mongolian woman in 2006. Najib has denied any involvement in the case. Gobind was suspended after the government called a vote of MPs on Monday in the Malaysian parliament. Opposition officials have labelled the vote a "kangaroo court" and accused the government of abusing its power.

Source: Agencies

The tragedy of a brutal killing compounded by courtroom farce, writes Asia Sentinel’s John Bertelsen

Malaysia frees Altantuya’s murderers

Source: By Asia Sentinel Aug 27, 2013 9:55AM UTC

Malaysia’s Court of Appeal on Friday overturned an earlier conviction of two of Prime Minister Najib Tun Razak’s former bodyguards on a charge of murdering Mongolian translator Altantuya Shaariibuu in October 2006 in a ruling that was greeted with disbelief and outrage.
The court said the two former elite police offers would go free because Najib’s chief of staff, Musa Safri, was never called to testify in a trial that was widely regarded as a cooked-up sham designed to protect Najib, then defense minister, from being interrogated or having to testify.

Mongolian model Altantuya Shaariibuu, right, is seen beside an undated picture of Malaysian political analyst Abdul Razak Baginda. Pic: AP.

The prosecution can appeal the acquittal to the Federal Court, the nation’s highest tribunal. The two were scheduled to be freed on Friday.
The judgment caused predictable anger and derision in Kuala Lumpur, with hundreds of Twitter responses condemning the verdict as a farce. Cynthia Gabriel, director of the human rights NGO Suaram, issued a statement that the “shocking verdict throws open the murder of Altantuya in 2006 and questions now abound as to who killed her. It also throws open the question on how she was killed. How were the C4 explosives (used to blow up her body) obtained? It’s not like C4 can be obtained at 7-Eleven stores,” she said.
The tangled case has transfixed Malaysian high society for nearly seven years, in major part because of the extraordinary efforts by the government and prosecutors to insulate Najib and his wife, Rosmah Mansor, and others from the case. Those efforts included promising a now-dead private detective RM5 million to shut up and get out of the country after he had implicated Najib in the case.
Altantuya was murdered execution-style on Oct.19, 2006, leaving behind a note confessing that she was attempting to blackmail Abdul Razak Baginda, a security analyst and close friend of then Defense Minister Najib, for US$500,000. Although no reason was given for the blackmail attempt, it was thought to have been in connection with the US$1 billion purchase of submarines from a French-owned defense contractor in which Razak Baginda’s wholly owned company, Perimekar Sdn Bhd, received a ?114 million commission that was characterized in a French investigation as a bribe to be steered to the United Malays National Organization.
Razak Baginda was initially charged along with the two bodyguards but in a highly unusual proceeding was freed without having to put on a defense despite having delivered a sworn statement that he had asked Najib’s office to do something about Altantuya, his jilted girlfriend, who was harassing him. He immediately decamped for the UK and for several years wasn’t seen in Malaysia.
Continue reading on Asia Sentinel

 

 

A Malaysian court has overturned the convictions of two police officers for the murder of a Mongolian woman linked to a senior political aide.

The woman, Altantuya Shaariibuu, a model, was shot dead and her body blown up with explosives in 2006.
The two policemen, who were members of a high-security detail for leading Malaysians, were subsequently sentenced to death in 2009.
The Attorney General’s office said it would appeal against the ruling.
Correspondents say the acquittals are likely to revive allegations of a political conspiracy.
A former associate of Prime Minister Najib Razak was charged in connection with the murder but later acquitted. The associate, defence analyst Abdul Razak, had admitted to an affair with the victim.
Malaysia’s opposition had repeatedly sought to link Mr Najib to the case but in 2007 he denied any connection, saying he had never met Ms Shaariibuu.
The two policemen, Azilah Hadri and Sirul Azhar Umar, had been acquitted and discharged, their lawyer said.
“They are free men now,” defence lawyer Hazman Ahmad told AFP news agency.
Ordering the two men to be released, the Court of Appeals ruled that gaps in the evidence had been overlooked in their trial.
These included whether the officers had access to explosives, whether they intended to kill her and whether they were even present at the murder site, Associated Press reports.
Source: BBC News
- See more at: http://www.business-mongolia.com/mongolia/2013/08/24/malaysia-court-overturns-mongolia-model-murder-convictions/#!prettyPhoto

A Malaysian court has overturned the convictions of two police officers for the murder of a Mongolian woman linked to a senior political aide.

The woman, Altantuya Shaariibuu, a model, was shot dead and her body blown up with explosives in 2006.
The two policemen, who were members of a high-security detail for leading Malaysians, were subsequently sentenced to death in 2009.
The Attorney General’s office said it would appeal against the ruling.
Correspondents say the acquittals are likely to revive allegations of a political conspiracy.
A former associate of Prime Minister Najib Razak was charged in connection with the murder but later acquitted. The associate, defence analyst Abdul Razak, had admitted to an affair with the victim.
Malaysia’s opposition had repeatedly sought to link Mr Najib to the case but in 2007 he denied any connection, saying he had never met Ms Shaariibuu.
The two policemen, Azilah Hadri and Sirul Azhar Umar, had been acquitted and discharged, their lawyer said.
“They are free men now,” defence lawyer Hazman Ahmad told AFP news agency.
Ordering the two men to be released, the Court of Appeals ruled that gaps in the evidence had been overlooked in their trial.
These included whether the officers had access to explosives, whether they intended to kill her and whether they were even present at the murder site, Associated Press reports.
Source: BBC News
- See more at: http://www.business-mongolia.com/mongolia/2013/08/24/malaysia-court-overturns-mongolia-model-murder-convictions/#!prettyPhoto

A Malaysian court has overturned the convictions of two police officers for the murder of a Mongolian woman linked to a senior political aide.

The woman, Altantuya Shaariibuu, a model, was shot dead and her body blown up with explosives in 2006.
The two policemen, who were members of a high-security detail for leading Malaysians, were subsequently sentenced to death in 2009.
The Attorney General’s office said it would appeal against the ruling.
Correspondents say the acquittals are likely to revive allegations of a political conspiracy.
A former associate of Prime Minister Najib Razak was charged in connection with the murder but later acquitted. The associate, defence analyst Abdul Razak, had admitted to an affair with the victim.
Malaysia’s opposition had repeatedly sought to link Mr Najib to the case but in 2007 he denied any connection, saying he had never met Ms Shaariibuu.
The two policemen, Azilah Hadri and Sirul Azhar Umar, had been acquitted and discharged, their lawyer said.
“They are free men now,” defence lawyer Hazman Ahmad told AFP news agency.
Ordering the two men to be released, the Court of Appeals ruled that gaps in the evidence had been overlooked in their trial.
These included whether the officers had access to explosives, whether they intended to kill her and whether they were even present at the murder site, Associated Press reports.
Source: BBC News
- See more at: http://www.business-mongolia.com/mongolia/2013/08/24/malaysia-court-overturns-mongolia-model-murder-convictions/#!prettyPhoto

A Malaysian court has overturned the convictions of two police officers for the murder of a Mongolian woman linked to a senior political aide. - See more at: http://www.business-mongolia.com/mongolia/2013/08/24/malaysia-court-overturns-mongolia-model-murder-convictions/#!prettyPhoto

Kes Altantuya: Episod pembunuhan penuh misteri

Source: By marniza othman – August 27, 2013

KOMENTAR: Rakyat Malaysia bukan sahaja dikejutkan dengan persoalan siapakah pembunuh sebenar wanita Mongolia Altantuya Shaariibuu bahkan pelbagai keraguan timbul sepanjang prosiding perbicaraan kes pembunuhan berprofil tinggi ini.
Setelah hampir 7 tahun kes pembunuhan ini dibicarakan, akhirnya mahkamah memutuskan bahawa ‘pembunuh’ Altantuya didakwa tidak bersalah dan terlepas dari hukuman gantung sampai mati yang dijatuhkan sebelum ini.
Kepincangan dalam sistem Kehakiman dapat dilihat bukan setakat ini sahaja, bahkan di awal perbicaraan lagi.
RAZAK BAGINDA DIBEBASKAN, SIAPA ARAH SIRUL DAN AZILAH BUNUH ALTANTUYA?
Di Mahkamah Tinggi, Hakim Datuk Mohd Zaki Md Yasin memutuskan kenyataan pembuktian tidak bersalah yang terkandung dalam afidavit seorang penganalisis politik, Abdul Razak Abdullah Baginda dimana dibatalkan pertuduhan bersubahat yang dihadapinya yang turut menyeret dua suspek utama anggota dari Unit Tindakan Khas (UTK) iaitu Koperal Sirul Azhar Umar dan Cif Inspektor Azilah Hadri.
Jelas menunjukkan penglibatan Razak Baginda dalam kes ini tetapi afidavit yang difailkannya menyokong permohonan bagi diikat jamin sebelum perbicaraan dengan niat untuk menunjukkan beliau tidak bersubahat dalam pembunuhan itu.
Maka dengan itu, secara mudah Razak Baginda dibebaskan daripada pertuduhan terhadap beliau dalam pembunuhan Altantuya pada 31 Oktober 2008 tanpa dipanggil membela diri.
Jika Razak Baginda dianggap tidak bersubahat, siapa pula yang mengarahkan Sirul dan Azilah melakukan pembunuhan Altantuya?
KETERANGAN DSP MUSA SAFRI TIDAK RELEVAN
Kedua, DSP Musa Safri yang merupakan pengiring Datuk Seri Najib Razak yang ketika itu menjawat jawatan Timbalan Perdana Menteri tidak dipanggil memberi keterangan dalam kes ini.
Timbalan Pendakwa Raya Datuk Tun Abdul Majid Tun Hamzah berhujah adalah tidak relevan untuk memanggil DSP Musa memberikan keterangan kerana beliau (Musa) tidak hadir pada pertemuan antara Azilah dan Abdul Razak dan beliau sudah pasti tidak tahu apa yang berlaku.
Sehubungan itu hak untuk menyoal balas DSP Musa diketepikan kerana dilihat wujudnya ketiadaan konsisten bukti.
BUNUH ALTANTUYA TUGAS RASMI UTK?
Kes yang mendapat liputan meluas media termasuk media antarabangsa ini terus mencetuskan keraguan ramai apabila ia melibatkan anggota UTK Bukit Aman. Apa yang dipersoalkan di sini adakah misi membunuh wanita Mongolia itu turut menjadi sebahagian daripada tugas rasmi anggota UTK? Sedangkan kita maklum akan anggota UTK yang hanya akan bertindak setelah menerima arahan daripada pihak atasan.
Pada 15 November 2006, Sirul dan Azilah, dituduh membunuh Altantuya Shaariibuu, 28, di Mukim Bukit Raja, Shah Alam antara pukul 10 malam, 19 Oktober 2006 dan 1 pagi 20 Oktober 2006 di bawah Seksyen 302 Kanun Keseksaan iaitu membunuh dengan niat yang dibaca bersama Seksyen 34 kanun yang sama, yang membawa hukuman mati mandatori, jika sabit kesalahan.
Pada 9 April 2007, Mahkamah Tinggi Shah Alam akhirnya menjatuhkan hukuman gantung sampai mati terhadap Azilah dan Sirul kerana didapati bersalah membunuh Altantuya. Hakim Datuk Mohd Zaki Md Yasin berkata pihak pendakwaan telah membuktikan tanpa keraguan munasabah kes terhadap mereka.
HAKIM TERSALAH ARAH?
Minggu lalu, tiga anggota panel hakim Mahkamah Rayuan Datuk Seri Mohamed Apandi Ali, Datuk Linton Albert dan Datuk Tengku Maimun Tuan Mat sebulat suara berpuas hati dan mengetepikan hukuman mati yang dikenakan oleh Mahkamah Tinggi Shah Alam selepas membenarkan rayuan terhadap pensabitan dan hukuman.
Hakim Tengku Maimun ketika membacakan penghakiman ringkas menyatakan bahawa Hakim Mahkamah Tinggi telah tersilap arah dalam pelbagai aspek ketika mencapai keputusan menjatuhkan hukuman mati terhadap kedua suspek utama itu.
Beliau turut menyatakan antara lain hakim itu juga gagal menimbang pembelaan alibi berkaitan diari stesen yang mencatatkan Azilah tiada di tempat kejadian di mana Altantuya dibunuh tetapi sebaliknya Azilah ketika itu berada di Bukit Aman.
Sirul dan Azilah dibebaskan. Maka sepanjang tujuh tahun masa berlalu tanpa sesiapapun dipertanggungjawab terhadap kematian wanita itu dan tidak siapa tahu mengapa bekas model dan penterjemah itu dibunuh.
KENAPA SIRUL DAN AZILAH SENTIASA ‘BERTOPENG’?
Hanya di Malaysia, di mana sejak daripada awal perbicaraan kes pembunuhan ini, kedua anggota UTK itu diberi layanan istimewa iaitu ‘costum made’ penutup muka ala ninja.Persoalannya mengapa wajah kedua pesalah ini sentiasa ditutup dari pandangan media bahkan seluruh dunia tidak pernah melihat wajah mereka.
Walhal,sekiranya pesalah bagi kes lain pula wajah mereka boleh ditutup dengan surat khabar atau kebiasaannya hanya tertunduk malu.
Tetapi lain pula halnya kedua tertuduh menerusi kes diklasifikasi berprofil tinggi ini, wajah mereka tetutup sepenuhnya dari dipertonton kepada umum.
PERBICARAAN PELIK, HANYA DI MALAYSIA
Mengikuti perbicaraan kes ni seperti mengikuti satu perbicaraan pelik kerana pelbagai kepincangan timbul. Hakikatnya motif dan pembunuh bagi kes ini perlu diperjelaskan bagi menjaga imej dan sistem perundangan negara dimata dunia.
Episod sejarah hitam hidup Sirul dan Azilah seperti kembali diterangi cahaya setelah terselamat dari hukuman mati. Tetapi sistem perundangan dan kehakiman negara pula seperti terpalit dengan episod hitam.
Namun misteri, siapa sebenarnya pembunuh Altantuya masih tersembunyi setelah semua yang didakwa dan dibicarakan terlepas dari sebarang hukuman – mza
 

Altantuya's Murder: The Orang Asli Factor (reprise)

Source: http://www.magickriver.org/2008/04/altantuyas-murder-orang-asli-factor.html

It should have been the perfect cover-up. Troublesome Mongolian woman is "arrested" by plainclothes policemen outside the gates of Abdul Razak Baginda's residence where she had been causing embarrassment to the political analyst, defence consultant, speechwriter and personal friend of Najib Razak, Malaysia's defence minister and deputy PM. The Mongolian woman believes the Malaysian police will take her to the station, interrogate and intimidate her, and then forcibly deport her.

Nobody knows exactly what happened to Altantuya Shaariibuu between the time she was seen entering the Unit Tindakan Khas (Special Action Squad) officer's car and the time her body was blasted to tiny fragments with C4 explosives. Was she taken to Bukit Aman? Or driven to a secret location and toyed with before getting shot twice in the head (according to some reports)? Did her police abductors treat her with courtesy - or was she humiliated, tortured and raped before they killed her? Will we ever find out? The two UTK officers who have been charged with the hideous crime - Corporal Sirul Azhar Umar and Chief Inspector Azilah Hadri - were personal bodyguards to defence minister Najib Razak. So under whose specific orders were they acting?

In any case, the only reason Altantuya's body was blown up in the jungle was so that it would never be found - at least not in one piece. Somebody extremely powerful had instructed an immigration officer to delete all computer records of Altantuya Shaariibuu's arrivals and departures from Malaysia. When her cousin lodged a police report that Altantuya had disappeared, a massive search would have been initiated. After which a government spokesman would have told the media that the immigration department had no record of the Mongolian woman arriving in Malaysia. There would be insinuations that Altantuya Shaariibuu did not, in fact, exist - and that her "cousin" was perhaps mentally unsound, possibly paranoiac, and had concocted the story of Altantuya's vanishing act in order to attract attention.

So why did the gruesome story make the front pages on local dailies nearly three weeks after the fictitious Mongolian woman was murdered? Who would have known about the jungle explosion in the middle of the night in the middle of literally nowhere?

I was told by a friend with connections to the legal fraternity that it was an Orang Asli family that reported the blast between October 19 and 20. Altantuya's killers must have killed her and then taken her body to a spot well-known to Chief Inspector Azilah Hadri (who had boasted to Abdul Razak Baginda that he had terminated at least six people "in the line of duty"). Nobody was supposed to hear the explosion that would remove all evidence of Altantuya Shaariibuu's earthly existence. Apparently, unbeknownst to the killers, a few Orang Asli were encamped in the vicinity and were startled by the blast. They investigated the next morning and, realizing that a crime had been committed, lodged a report at the nearest Balai Polis. Thus far I have found no way to confirm this detail. After Googling the case for hours, not one single reference to the Orang Asli factor. If anybody can confirm this, will you please contact me or leave a comment below this post?

I would like to know for certain that it was indeed the Orang Asli who blew the lid on this macabre and malevolent affair. It would be the ultimate irony, if this was true, that the "highest and mightiest" in the land would ultimately be brought down by the humblest of the humble.

[First published 26 April 2008]

Putrajaya delaying Altantuya murder appeal, says Karpal Singh

Source: BY V. ANBALAGAN, ASSISTANT NEWS EDITOR October 09, 2013

Putrajaya appears to be dragging its feet on the appeal against the acquittal of two former police commandos for the high profile murder of Mongolian Altantuya Shaariibuu, said veteran lawyer Karpal Singh.
He said the Attorney General's Chambers can file its petition of appeal and state reasons why the Court of Appeal was wrong when it acquitted the two policemen based on the written grounds of the judgment.
"They can expedite the appeal process to the Federal Court even without having the entire records of appeal," Karpal told The Malaysian Insider in Kuala Lumpur. The lawyer is holding a watching brief for his client, Setev Shaariibuu, the father of Altantuya.

The apex court could then call the matter for case management and fix the appeal dates, he said, adding there was no need to wait for the entire appeal records to file the petition of appeal.
Chief inspector Azilah Hadri and corporal Sirul Azhar Umar walked out free men after the appeal against their High Court convictions were allowed two months ago.
The policemen, formerly with the Special Action Unit (UTK), had been found guilty of murdering Altantuya in 2006.
Political analyst Abdul Razak Baginda, who was Altantuya's lover, was acquitted by the High Court for abetment without his defence being called.
Karpal said he was concerned as his client, Setev Shaariibuu, had filed a RM100-million suit against Abdul Razak, Azilah, Sirul and the government over his daughter’s death.
"It has already been six years after the suit was filed but Setev's case cannot be heard unless this criminal trial is over and done with," he told The Malaysian Insider.
Karpal said he feared that the appeal would be further delayed if for some reason the policemen did not turn up for the proceedings.
"The criminal appeal cannot proceed without the presence of the respondents," he said.
He said the prosecution may then need time to find them and obtain a warrant of arrest to compel their presence in court.
Karpal (pic) said the public prosecutor should apply to detain the policemen pending the outcome of the appeal.
"There should be no discrimination. The prosecution has been obtaining court orders to detain locals and foreigners pending appeal and these persons were acquitted after facing charges that carried the death penalty," he said.
The prosecution filed its notice of appeal on August 23, the same day the policemen's appeals were allowed.
The written judgment was made available on August 26.
A three-man bench chaired by Datuk Seri Mohamad Apandi Ali said in their judgment, among other things, the prosecution's failure to call DSP Musa Safri, a former aide-de-camp of Datuk Seri Najib Razak, had weakened the prosecution's case.
Meanwhile, an official from the appellate and trial division in the Attorney General's Chambers said they would wait to move the appeal to the Federal Court until the Court of Appeal registry provided the appeal records.
"We can only file the petition of appeal and state our reasons why the Court of Appeal was wrong in its judgment after obtaining the appeal records," said the official who spoke on condition of anonymity.
The prosecution will be given 10 days to file the petition of appeal once the appeal records are supplied.
The key appeal records will consist of grounds of judgment and notes of proceedings at the Court of Appeal.
Lawyer and Puchong MP Gobind Singh Deo said all steps must be taken by the prosecution and the judiciary to expedite the disposing of the appeal.
"This is a high profile public interest case and has generated a wide following locally and abroad. It must be brought to a logical conclusion soon," he said. - October 9, 2013.

Winners and losers in the Altantuya saga

Source: August 24, 2013 Latest Update: August 24, 2013 07:23 pm 
The murder of Mongolian model Altantuya Shaariibuu has had more twists and turns than a drive up Cameron Highlands, the latest being Friday's acquittal of policemen Azilah Hadri and Sirul Azhar Umar.
This has never been a simple criminal case, and today, The Malaysian Insider looks at those who have had their reputations hammered by the case and those who have been let off easy.
LOSERS

Altantuya Shaariibuu, the former Mongolian model whose life was ended brutally in Malaysia, but no one faces justice for the crime. August 24, 2013.

Malaysia
We know her name. We know that her son misses her. We know that some time in 2006 she came to Malaysia to claim US$500,000 from Abdul Razak Baginda, a one-time adviser to Prime Minister Datuk Seri Najib Razak.
She allegedly became a nuisance and this led to her disappearance and death. We know that her immigration details were erased, leaving no trace of her entry into Malaysia. We know that her staying alive would have been untenable for an individual or individuals.
But Malaysia could not protect her or deliver justice for her family.
We may console ourselves by saying that her death galvanised the opposition and put the rich and connected in a tight spot but until the real story of the death of Altantuya Shaariibuu is known, Malaysia has failed her.
Najib Razak
This case will forever be a millstone around the neck of the prime minister. Mainly because the main actors in the case were connected or known to him.
Abdul Razak Baginda, Altantuya's boyfriend/lover, was his adviser, and Musa Safri, who introduced Razak to the policemen, was Najib's aide-de-camp.
And there was that unsavoury stuff surrounding the statutory declarations by the late P. Balasubramaniam (or PI Bala, as he was more popularly known), the private investigator hired by Razak to keep an eye on Altantuya. Bala alleged that he was bundled out of the country by Najib's associates and given funds by the PM's brother.
There is no evidence linking Najib to the murder but the fact that a couple of his friends and staff had seen her or heard about her presence in Malaysia before her death put the spotlight firmly on Najib.
And the glare of the spotlight continues to be bright seven years on.
Attorney-General Tan Sri Abdul Gani Patail
Everyone has a set of target to meet, from the lofty to the lowly. Everyone except AG Gani Patail.
Under him, prosecutors have lost a whole bunch of high-profile cases.
But who cares and who is counting, right? He still has a powerful job.
Even a rookie lawyer could have seen that the case against the policemen would have been strengthened by showing their common intent and this could have been done by putting Musa Safri - the man who had contact with them - on the stand.
Gani said yesterday that he still firmly believes that Musa's testimony has no bearing on the case. But given his track record in the courtroom, why would we rely on his legal brain?
WINNERS
Musa Safri
He got promoted, holds a senior position in Special Branch and occasionally has to deal with the irritation of publicity when the case of Altantuya comes up.Altantuya Shaariibuu, the former Mongolian model whose life was ended brutally in Malaysia, but no one faces justice for the crime. August 24, 2013.
Yesterday was one such day when the Court of Appeal also said that it was puzzled why this missing piece in the chain of events in the murder of the model was not called to testify for the prosecution.
According to Abdul Razak Baginda, he was introduced to Azilah and Sirul by Musa, who was then the aide-de-camp to Najib. Razak also said that he asked Musa a couple of times what had happened to Altantuya.
The court would have loved to hear from Musa what exactly did Razak tell him about Altantuya, what were his instructions to the police sharpshooters, did either policeman inform him what had happened to Altantuya, and did he tell his boss that he had introduced two policemen to Razak?
So many questions? But Musa was spared the hot seat and the penetrating questions. He still has his comfortable life.
Abdul Razak Baginda
After lying low in London, the one-time Najib adviser is back in town. He still has his comfortable bungalow in Damansara, a bank balance and his freedom.

He is no longer part of Najib's inner circle, a small price to pay for the infamy this case brought the First Family.
Razak was charged with the two policemen but was freed of abetting in the murder of Altantuya without his defence being called.

The prosecution did not appeal the court's decision, a curious decision given the fact that Altantuya entered the country with the sole purpose of seeing Razak and his sworn statement that she was allegedly harassing him.
Perhaps the reaction of Altantuya's father then summed up what many Malaysians thought about the acquittal.
"My daughter knows only one Malaysian and it is Razak Baginda. Now my daughter is dead and Baginda freed," said Setev Shaariibuu.

Razak still draws stares when he goes to Bangsar or other places and craves for closure, a return to the old days when he was just another face in the crowd. - August 24, 2013.

Video: Interview with Altantuyaa father part two

Video: Interview with Altantuyaa father part three

Video: Interview with Altantuyaa father part one

Altantuya Shaaribuu crimescene video

Altantuya came to Malaysia to meet Najib, claims her father

Source: By Shazwan Mustafa Kamal April 10, 2012

PETALING JAYA, April 10 — Murdered Mongolian Altantuya Shaariibuu came to work in Malaysia to specifically meet Datuk Seri Najib Razak, her father has alleged.
Dr Setev Shaariibuu said today that when he asked his daughter a few years back the purpose of her trip to Malaysia, she said she had to “meet important people.”
“I asked her what was her purpose of travelling to Malaysia. She showed me a picture... taken in Paris. Three people were in it — Abdul Razak Baginda, Najib, and Altantuya.

“She said ‘I have to meet important people’, and pointed to Najib,” he told reporters, through Mongolian interpreter Tsoggerel Och.
Shaariibuu (picture) said he did not know who Najib was when he saw the photograph several years back.
“She told me she had something to decide with Najib. I told her it was not worth it but she went anyway.
“A lot of witnesses have seen this picture,” said a visibly-tired looking Shaariibuu.
The father of the murdered Mongolian woman has offered himself as a witness to the on-going Scorpene submarine sale probe by French authorities, claiming his daughter’s death was linked to the case.
Shaariibuu said today his testimony would be able to “connect the dots” between her death and the Scorpene case, and that he will say “what he knows at the right time.”
“She went to Malaysia against my will,” he said softly.
Altantuya’s one-time lover Abdul Razak, who was a close associate of Najib, was acquitted of a charge of abetting two Special Action Squad members — Azilah Hadri and Sirul Azhar Umar — to commit the murder in 2006.
The murder was committed between 10pm on October 19, 2006, and 1am the following day at a clearing in Shah Alam’s Mukim Bukit Raja.
While Abdul Razak was acquitted, his co-accused Azilah and Sirul were found guilty and sentenced to death. Setev has also filed a RM100 million civil suit against the government and the convicted duo in June 2007, seeking compensation for the hardships his spouse and two grandchildren have suffered because of Altantuya’s death.

Altantuya’s father upset over acquittal, wants Mongolia to intervene

Source: BY RITA JONG August 23, 2013

The father of Mongolian Altantuya Shaariibuu is upset with the Court of Appeal's decision today to acquit the two ex-Malaysian policemen who had been convicted for her murder.
News portal MalaysiaKini contacted Setev Shaariibuu through a Mongolian lawyer but the man refused to give a statement and only said, “It is time the government of Mongolia made a statement about this."

The report quoted Mongolian lawyer Munkhsaruul Mijiddorj as saying his client expected the verdict and felt that he must now take the case to a higher level to seek justice for his daughter.
Setev has a RM100-million civil suit pending against Abdul Razak Baginda, Azilah Hadri and Sirul Azhar Umar and the government. He is suing them over his daughter’s death.
Azilah and Sirul were jointly charged with murdering Altantuya, while Abdul Razak was charged with abetting them. Abdul Razak was acquitted in 2008 without his defence being called, while Azilah and Sirul were convicted by the High Court in 2009.
The Court of Appeal today set free Azilah and Sirul.
The decision has now raised more questions about Altantuya's murder.
DAP national legal bureau chairman Gobind Singh Deo has even called for an independent inquiry into the conduct of the prosecution.
He said the prosecution team's case was full of gaps and weaknesses, including its failure to call an important witness, DSP Musa Safri. – August 23, 2013.

Malaysian PM caught up in murder, bribery scandal

Source: Lindsay Murdoch January 13, 2013 

 

Persistent allegations could harm the ruling party's poll chances.

THE plot has all the trappings of a B-grade movie: the murder of a glamorous Mongolian socialite amid allegations of high-level bribery, blackmail, betrayal and political cover-up.
But these are real-life events, and they could set back the chances of Malaysia's ruling coalition in an election that Prime Minister Najib Razak must call by midyear.
Mr Najib denies involvement but the allegations will not go away. The internet in Malaysia is running hot with allegations by a disaffected businessman, Deepak Jaikishan, who is well connected in the ruling United Malays National Organisation.

Malaysian Prime Minister Najib Razak. Photo: AFP

They relate in part to the alleged cover-up of the murder of 28-year-old Mongolian fashion model and translator Altantuya Shaariibuu in a patch of jungle in the Kuala Lumpur suburbs in 2006.

Advertisement

The second part of the controversy is driven by an inquiry in France into a complex money trail left by Malaysia's $US2 billion purchase of two French-Spanish built Scorpene submarines in 2002 while Mr Najib was defence minister.
Ms Shaariibuu worked as a translator in the latter stages of the deal negotiations.

Businessman Abdul Razak Baginda, one of the PM's best friends and a policy adviser, was Ms Shaariibuu's lover. Photo: Reuters

The link between the two events is a Ferrari-driving businessman, Abdul Razak Baginda, one of Mr Najib's best friends and policy advisers, who was the director of the Malaysian Strategic Research Centre.
Mr Najib, who is preparing to contest his first election since being installed in power by his party in 2009, denies ever meeting Ms Shaariibuu or having any link with her. The government denies any wrongdoing in the submarine purchases.
But it was two of Mr Najib's bodyguards who dragged Ms Shaariibuu from a car, knocked her unconscious and shot her twice in the head on October 19, 2006, according to court testimony. She had begged for her life and apparently that of her unborn child.
The killers then wrapped her body in C4 plastic explosives obtained from the military and blew her up, ensuring the foetus was destroyed along with the identity of the father. For good measure, they erased her entry into Malaysia from immigration records.
The Scorpene submarine story has been tumbling out since 2002 when Mr Najib ordered them from French ship builder DCNS.
Two French investigating magistrates are looking into so-called ''commission'' payments of about $US160 million into companies reportedly set up by Mr Baginda. Documents have been seized from the DCNS offices in Paris.
Ms Shaariibuu, who spoke several languages, became Mr Baginda's lover after they had met in Hong Kong. Stunningly beautiful, she had been married to a popular Mongolian singer and to the son of a famous Mongolian fashion designer.
Ms Shaariibuu admitted in a letter found after her murder that she had been blackmailing Mr Baginda, who had jilted her after they had travelled through Asia and Europe together.
She reportedly had wanted a $US500,000 cut to remain silent about her knowledge of the deal.
Ms Shaariibuu was abducted outside Mr Baginda's house, where she was said to be causing a scene. Her murder was eventually uncovered following continued pressure from her well-connected family and the Mongolian embassy in Kuala Lumpur.
The two bodyguards were convicted of murder in 2009 but have claimed they are scapegoats and are appealing against death sentences. Pleading with a court not to execute him in February 2009, Sirul Azhar Umar 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 the life of the victim in such a cruel manner,'' he said.
''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.''
A judge sensationally dropped an abetting a murder charge against Mr Baginda in 2008 before any evidence was heard and he is believed to be living in exile in Britain with his family.
Among several claims made by Mr Deepak - a carpet dealer - to opposition and independent websites are that he interceded to have a private detective change his 2008 sworn declaration that Mr Najib had had a sexual relationship with Ms Shaariibuu. The Prime Minister has repeatedly denied any relationship with Ms Shaariibuu, calling it a ''terrible lie''.
Often sensational claims and counter claims in the case have been barely reported in Malaysia's government-controlled mainstream media.
The Malaysian human rights non-government organisation SUARAM, whose approach to a magistrate in Paris in 2010 prompted the French investigation, has complained of official harassment.
But the claims are hot issues on opposition and independent websites, led by the Hong Kong-based Asia Sentinel online magazine, which published confidential files on the case last year and whose editor, John Berthelsen, has doggedly pursued the story for years.
Malaysia, with a population of 28 million, has an internet penetration of more than 62 per cent, one of the highest in south-east Asia.
Some commentators in Kuala Lumpur, including Wong Choon Mei writing in the Malaysia Chronicle, have speculated that 59-year-old Mr Najib could be forced from office before he gets to call the election. Jittery powerbrokers in UMNO fear that if he remains head of the coalition, they may lose to the opposition leader, Anwar Ibrahim, and his Pakatan Rakyat coalition.
There is infighting in UMNO, which has shared power in the country for more than 50 years, as the latest opinion polls show Mr Najib's approval rating has fallen to its lowest level in 16 months.
Wong wrote in the Chronicle on January 7 that UMNO watchers believed former prime minister Mahathir Mohamad had decided to throw his weight behind Deputy Prime Minister, Muhyiddin Yassin, and effect an 11th-hour change in leadership, although many have cautioned that such a move could boomerang and create even greater infighting.
But Mr Najib, the son of Malaysia's second prime minister, has emerged unscathed by the prosecution of his bodyguards and is publicly ignoring the French inquiry and Mr Deepak's claims as he presents himself as a reformist, abolishing several restrictive laws and implementing a program to bolster unity among ethnic groups.
Malaysia's economy has fared well and the country is considered by the Work Bank to be an attractive place to do business. On January 8, Mr Najib denied rumours he had suffered a minor stroke due to the pressure of the allegations by Mr Deepak, saying he is healthy. ''So don't listen to the blogs, please,'' he said.
Analysts say the election will be the strongest ever challenge to UMNO's rule. Mr Najib has called the coming election ''a defining point for the destiny of the people and country''.

Altantuya murder case: More questions than answers

C/Insp Azilah Hadri (left) and Kpl Sirul Azhar Umar during the trial in 2009.

Source:  http://www.thestar.com.my/News/Nation/2013/08/23/altantuya-case-duo-acquit-next-step.aspx

PETALING JAYA: Seven years ago, a woman was murdered and her body blown up in an attempt to conceal the evidence.
Today, after a number of high-profile trials and acquittals, the truth behind the murder of Altantuya Shaariibuu remains a mystery.

Altantuya Shaariibuu.

The acquittal and release of Kpl Sirul Azhar Umar and C/Insp Azilah Hadri, the two former Special Action Unit Personnel members, who were found guilty and sentenced to death in 2009 for her murder, has raised calls for further inquiry into the Altantuya murder case.
"There should be an independent inquiry into the conduct of the prosecution in the Altantuya case," said DAP National Legal Bureau chairman Gobind Singh Deo in a statement.
"The Court of Appeal allowed the appeal of Sirul and Azilah citing, amongst other things, a failure on part of the prosecution to call a material witness, one DSP Musa Safri, a former aide de camp of the Prime Minister," he said.
Gobind claimed that not calling this witness resulted in their case collapsing.
"The Attorney-General and his team ought to have known that he was an important witness. They have vast experience in handling cases like these and they know for a fact that they would run a serious risk of having their case thrown out for failure of calling him," he said.
He said that it raised questions as to whether there had been "proper investigations and a proper presentation of evidence in court".
"We cannot allow these concerns to go unanswered. There must be an independent inquiry by people who are not associated with the AG's chambers to review the investigation papers and to report back as to the propriety of the conduct of the prosecution in this case," said the Puchong MP.
Deputy Solicitor General II Datuk Tun Abdul Majid Tun Hamzah who led the prosecution said that they would be appealing the Court of Appeal's judgement.
Another option to seek justice for Altantuya lies in the civil court.
Her father, Dr Setev Shaariibuu will pursue the RM100mil civil suit against the two officers acquitted of her murder, said his counsel Karpal Singh.
Karpal, who is holding a watching brief for Shaariibuu, said he will push for the suit to be heard as soon as the criminal case is settled in the Federal Court.
"I am writing to the Mongolian embassy, to whom I also represent," he said.
"I have not received instructions from Mr Setev. However, he is bound to contact me," said Karpal, added that he was sure Altantuya's father was aware of the outcome of the appeal.
Other news portals reported Setev had asked the Mongolian government to intervene in the matter, however, Bar Council president Christopher Leong believes there is nothing much that it can do.
"This is a criminal matter that is now within the purview of the courts, and there should not be any interference in the judicial process by any quarter," said Leong.
The case is clearly a polarising one, with some political implications.
Datuk Seri Nazri Aziz, in charge of legal affairs at the time of prosecution, declined to comment.
Tan Sri Musa Hassan, who was Inspector-General of Police at the time the case came to light, was equally tight-lipped, saying, "It's the court's decision. No comment is needed".
PKR vice-president and Padang Serai MP N.Surendran said the trial of Altantuya's killers "was a charade from the beginning".
"Now no one has been found guilty or punished for Altantuya's murder. Is this justice? It is a national embarrassment and failure of justice," the lawyer told The Star Online.
Azmi Sharom, a law professor, said the public had forgotten about the case but its ghost has risen again.
"There will be all these conspiracy theories coming up saying that the relevant authorities purposely did a bad job so that they can overturn the conviction.
"In a high-profile case like this, a lot of questions will be raised. Issues like why certain things weren't brought up in trial as well as questions about the standards of the prosecutor," he said.
Datuk Zaid Ibrahim, the former Minister in charge of legal affairs, posted several tweets on the acquittal.
One read: "I am disappointed with the Court of Appeal judges. Not for acquittal but for failing to order a retrial #fb".
"In the interest of justice, a balanced retrial would have been appropriate. Now it's not possible," said Zaid when contacted.
He said that if a retrial had been ordered, it would allow both sides to take another look at the case as "witnesses can be called again, to get justice".
"I think the decision to acquit those two puts an end to this case altogether. Under the double jeopardy law, they can't be tried for the same charges again," said Zaid.
According to him, the Court of Appeal in England can order a retrial as the law sets out certain circumstances allowing it.
"I believe the rules in Malaysia are the same. There should not be an acquittal when something seems to suggest that it's not right - in our case, there was a prior conviction," he said.
He said the Court of Appeal itself had pointed out several flaws in the earlier trial: unclear evidence, material discrepancies, and the failure to call key witnesses.
"Obviously, the prosecutor didn't do a proper job. At the same time, I think there was enough evidence to suggest the two were involved in some way. Otherwise, the first judge wouldn't have convicted them," he added.
To Leong, questions have been raised as to the conduct of the police investigations and the prosecution in this case.
"At the moment, it appears that no one is to be held accountable for Altantuya's murder. This case has left many questions unanswered. It begs the further question of 'Who does one turn to for justice in Malaysia when one's child is murdered?", he said.
Suaram secretariat member Cynthia Gabriel said the verdict raised more unanswered questions.
"The fundamental questions remain unanswered. No one has paid for her death, no one knows why she was killed and who gave the instruction to kill her," she said when contacted.
Gabriel said the only way for the public seek the truth was through an independent inquiry to determine the circumstances of the death.

We Want to Know Who Killed Altantuya

Source: By Kee Thuan Chye | Bull Bashing – Fri, Aug 23, 2013

The Altantuya Shaariibuu murder case has taken another appalling turn. First, political analyst Abdul Razak Baginda, who seemed to have more of a motive for killing the Mongolian model, was acquitted in 2009, without his defence being called. Now the Court of Appeal has freed the two police commandos convicted by the High Court of actually killing her and blowing her body up with a C4 explosive.
The Court of Appeal acquitted Chief Inspector Azilah Hadri and Corporal Sirul Azhar Umar because it ruled that the judge who heard the case in the High Court committed serious misdirection. Among other things, he did not allow then deputy prime minister Najib Razak’s aide-de-camp, DSP Musa Safri, a key witness, to be called to testify, and he failed to establish how the two accused came to possess the C4 and whether there was common intention between them to commit murder.
The Malaysian layman, however, doesn’t want to know the legal implications. He is concerned only with the moral aspects. He knows that Sirul made a cautioned statement describing what he and Azilah did to Altantuya that fateful night, and that he mentioned the offer of a reward of RM50,000 to RM100,000 for killing her.
This cautioned statement was ruled not permissible as evidence by the judge, Mohd Zaki Yassin, and the two commandos were never asked during the trial as to who made that offer to them. But it seemed clear that Sirul and Azilah were merely hitmen. They didn’t know the victim. If they had a motive to kill her, it would appear to be only to collect the reward.
That being so, it was, however, never asked in court who instructed them to kill Altantuya. To the layman, it is extremely strange that the prosecution did not ask that crucial question.
To the layman, therefore, someone else must have been behind the murder of the Mongolian model. And as such, it would not be quite right for the two commandos to be hanged for it. But then again, it’s also not right for them to be freed on technicalities. It’s not right for them to be freed because the High Court judge made bloopers. If they did commit the act of killing, they must be held accountable. Perhaps on a lesser charge. They can’t simply be absolved of it.
Even more important to the layman is knowing the truth about the murder. He has invested seven years of interest in the case, and its outcome has a bearing on how much confidence he can give to his country’s system of justice. He doesn’t want to be disappointed – no, devastated – by an outcome that reveals nothing.
As a concerned citizen, he wants to see justice done. He wants the real culprit to be found. He wants closure. He doesn’t know Altantuya personally, but he wants justice for her and her family.
So he wants something concrete done about it. But as a layman, he doesn’t know what can be done. He is putting his trust in the country’s authorities, but so far, they have not inspired confidence.
In fact, he is beginning to feel suspicious about whether the prosecution and the High Court judge mishandled the case by design. He wonders what should happen to public officials who do their job badly. He wonders if the purpose of mishandling the case was to allow it to be closed with no one getting convicted. And once the case was closed, people would in time forget it.
He even wonders if it was to cover up something. Or to protect someone. He is reminded of what Sirul said, in tears, on February 3, 2009, when he pleaded with Mohd Zaki not to pass the death sentence because he was “a black sheep that has to be sacrificed” to protect unnamed people who had not been brought to court or faced questioning.
“I appeal to the court, which has the powers to determine if I live or die,” he said, “not to sentence me so as to fulfil others’ plans for me.”
Who are these “others”? Why do the people who are responsible for dispensing justice not want to know? That’s what haunts the layman. How do we proceed to find out?
The prosecution has said it will appeal the Court of Appeal decision, but that still won’t get to the bottom of the crime because the Federal Court will not allow fresh evidence to be presented then. Besides, might not the Federal Court judges also agree that the prosecution did indeed present a shoddy case and the judge did misdirect, and therefore uphold the decision of the Court of Appeal? And after that, what? Would that be the end of the story?
Some people are saying the Court of Appeal should have ordered a retrial, and some are saying it wouldn’t have been fair because it would give the prosecution a second chance to do better. The layman doesn’t care. He only wants to know the truth.
Could it be achieved by launching new investigations? The layman is aware that the Bar Council said last March that there is enough new evidence to persuade the Attorney-General (A-G) to do just that. So why not?
Bar Council President Christopher Leong said then, “The revelations by Deepak Jaikishan, the late P. Balasubramaniam and Americk Singh Sidhu have raised sufficient concern to warrant further investigations by the authorities.” So why not?
With new investigations, the layman thinks, we might be able to answer the questions of who instructed the two commandos to kill Altantuya; how they managed to obtain the C4 explosives; what Musa Safri’s role was; who instructed the Immigration Department to expunge all records of Altantuya’s entry into Malaysia; what Najib Razak meant when he allegedly SMSed Razak Baginda: “I am seeing IGP [Inspector-General of Police] at 11.00am. Today … matter will be solved … be cool.”
And whether Najib did SMS Shafee Abdullah, who was Razak Baginda’s lawyer: “Pls do not say anything to the press today. I will explain later. RB will have to face a tentative charge but all is not lost.” And if he did, what he implied by that. And whether he was trying to intervene.
The layman is being idealistic in hoping that everything will eventually fall into place, but he is also aware that there will be stumbling blocks. Would the A-G be willing to call for new investigations? After all, why didn’t he appeal the acquittal of Razak Baginda?
But the truth is important to the layman. Like it or not, the Court of Appeal verdict has raised even more questions without answering any. Well, not directly. If there had been any intention on anyone’s part to bundle off the case so that it would be removed from the public sphere, it hasn’t worked. In the court of public perception, it has instead been brought into sharper focus.
It has also made Malaysia look bad to the rest of the world. Our public attorneys cannot conduct a proper prosecution. A High Court judge misdirects. Another court acquits on technical grounds. We can’t ensure that justice is done.
The layman finds this unacceptable. He wants the right thing done, he wants the truth. He wishes the prime minister would come out to call for a way to get to the truth, no matter what, no matter how. He knows it’s idealistic and beyond his wildest dreams, but if Najib were to do that, it would be the best thing he’s ever done. And why not? Isn’t this the era of ‘Endless Possibilities’?
* Kee Thuan Chye is the author of the bestselling books No More Bullshit, Please, We’re All Malaysians and Ask for No Bullshit, Get Some More!

Some seriously troubling questions in Malaysia

Source:

Written by Our Correspondent

TUE,03 JULY 2007 

 

An
unbelievable spectacle took place in the bizarre murder trial of
Mongolian beauty Altantuya Shaaribuu on June 29. Karpal Singh, the
lawyer for the victim’s family, attempted to ask a question
about a “government official" allegedly seen in a
photograph with the victim. At that point, both the prosecutor and
the defense lawyer sprang to their feet in unison to block the
question.

This resulted in a
shouting match, with Singh on one side, the victim’s cousin on
the stand, and the combined forces of the prosecution and defense
blocking the line of questioning.

Earlier, a similar division
of forces occurred when a Mongolian witness – a girlfriend of
the victim   told the court that immigration entry computer
records of the deceased and her two Mongolian companions, including
the witness, had been mysteriously erased. When Singh asked the court
to take proper note of this highly irregular event, both the
prosecution and defense objected to the evidence as irrelevant, and
insisted that it be expunged.
Now, isn't that a strange
phenomenon? A prosecutor is supposed to seek justice for the deceased
victim's family against the murderers, so how come the prosecutor is
now ganging up with defense lawyers to oppose the victim's family
lawyer? Is this a case of prosecutor vs. defense or a case of
prosecutor plus defense vs. victim's family? Obviously, the
prosecution and defense seem to have plenty of common interests. What
are those common interests?
The answer may lie in the
identity of that "government official" that allegedly
appeared in the photograph with Altantuya that both prosecution and
defense tried so hard not to allow into court.

The
picture
On Day 10 of the trial, Altantuya's cousin Burmaa
Oyunchimeg testified that after Altantuya returned from France, she
went to Hong Kong to meet Burmaa, and showed her a photograph of
Altantuya and her lover, Abdul Razak Baginda, who is accused of
conspiring in her murder, and "a government official"
taking a meal together. Answering Singh later, after the shouting
match in the court had subsided, she said this "government
official" was Deputy Prime Minister Najib Tun Razak.

She could distinctly
remember the name, she said, because it bears a similarity to
Altantuya’s acknowledged lover's name, and she even asked
Altantuya whether they were brothers. Burmaa further added that the
photo had also been shown to Altantuya's father.

Now, the
revelation of Najib in the photo would not have caused such a
sensation if not for the deputy prime minister's oft-repeated denial
of any knowledge of Altantuya, including a public denial during a
recent by-election, when even the name of Allah was invoked.
What
does Najib have to say now that his denial is directly contradicted
by the witness Burmaa? His press secretary Tengku Sarifuddin Tengku
Ahmad issued a brief statement on June 30 saying that the deputy
prime minister had declined to comment for two reasons. One, any
comment might be sub judice, since the case is in court, and,
two, Najib had already repeatedly denied an acquaintance with the
girl in the past, "as such, the issue over the picture does not
arise,” the spokesman said.
Sub judice? That’s
ridiculous. How could a simple statement like "I have never had
my photo taken with Altantuya" be sub judice? In fact, being the
number-two leader in the government, Najib is absolutely duty-bound
to say outright whether he was ever photographed with Altantuya, in
view of the serious implications of Burmaa's allegation.
The
issue over the picture does not arise? Equally ridiculous. In fact,
the opposite is true. Precisely because of Najib's past denials, it
is all the more imperative that Najib must stand up now to clarify.

Guilty conscience?

There is only one
explanation for Najib's past denials and his present silence: A
guilty conscience. If Najib's conduct with respect to the case had
been above-board, there would be no reason for him to deny an
acquaintance with his friend Abdul Razak’s friend Altantuya.
Similarly, if the allegation of the picture is false, it is
inconceivable and totally incomprehensible that Najib should have
chosen not to refute Burmaa's allegation.

In fact, Najib
seems so worried about the publicity of the picture that his
secretary called editors in the local press and requested them not to
blow up the issue. This resulted in the explosive story being absent
from the local headlines the next day. (In one Chinese paper –
Guang Ming – the Najib story hit the front page in the evening
edition, but disappeared completely by the next morning). And of
course, Anwar Ibrahim's criticism of the trial and his specific call
on Najib to clarify the issue of the picture during a press
conference was generally blacked out.
However, despite such
new suppression, irreversible dam that Najib is deeply troubled and his political position seriously
weakened.

Manipulation
That this murder case has
been subjected to serious political manipulation has been obvious
from the very start, when the police commenced their highly
questionable investigation, right through to the present trial when
the conduct of lawyers for both sides appear increasingly dubious.
Instead of the prosecutor seeking the truth and the defense lawyer
fighting for the accused, both seem preoccupied with an overriding
mission – to prevent the whole truth from emerging. Their
combined efforts to cover up the issue of the immigration record and
the identity of Najib Razak in the picture are just two examples of
such conduct.

The highly irregular nature of this case was
also marked by frequent and mysterious changes of legal personnel,
resulting in a complete change-over of the defense team, the
prosecutors and the judge even before the hearings began. These weird
phenomena were crowned by the shock appearance of a new team of
prosecutors who were appointed only hours before the hearing was
supposed to begin, thus necessitating an impromptu postponement of
the trial for two weeks. None of these changes of legal personnel has
been properly explained, except for the resignation of Abdul Razak’s
first lawyer; Zulkifli Noordin, quit, he said, because of "serious
interference by third parties".
Under these
circumstances, the public must brace itself for more aberrant
scenarios from this court, while Najib and his supporters may have to
keep their fingers crossed in the days ahead when many more witnesses
have yet to walk through what must appear to Najib as a minefield.
On a more serious note, this unseemly trial does not exactly
add credit to Malaysia’s system, whose already wretched image
has just been further mauled by the shameful finale of another sham
trial – that of Eric Chia of Perwaja Steel fame. After seven
long years of investigations and three years of court hearings, that
case was thrown out due to lack of prima facie evidence. With
that, the long-drawn out Perwaja Steel saga ended without finding any
culprit for the mountain of losses (more than RM 10 billion) suffered
by taxpayers.
There has been a spate of criminal cases being
dismissed of late due to inadequate investigations and poor
prosecution, indicating that the downward slide of our criminal
justice system, which began in the Mahathir era, has gotten worse
under Abdullah Badawi's leadership. With the criminal justice system
in a shambles, the rule of law is in jeopardy. And that is an
important benchmark to judge the efficacy of Abdullah's
administration vis-à-vis his reform agenda.