Judiciary explains delay in Altantuya appeal

The postponement of the appeal hearing of two Special Action Unit personnel on death row for murdering Altantuya Shaariibuu, which was slated for last Wednesday and Thursday, was due to an application made by both the prosecution and defence counsels.

Chief Inspector Azilah Hadri and Corporal Sirul Azhar Umar were found guilty by the Shah Alam High court on April 9, 2009, with murdering the Mongolian woman on the night of Oct 19, 2006, in a jungle clearing in Shah Alam.

In a two-paragraph statement, the Federal Court registrar corporate communication and international relation's office said both the prosecution and the defence had submitted a letter - ironically dated Oct 19, the sixth anniversary of Altantuya's death - to seek an adjournment to the hearing.

"They have written in asking for more time to scrutinise and study several complex matters relating to the appeal.

"The case has been fixed for case management on Dec 14 and on that day, the court will fix a date for the hearing of the appeal," the statement said.

On Thursday, reporters who attended the appointment of four new judicial commissioners had asked Chief Justice Arifin Zakaria and Court of Appeal president Md Raus Sharif about the matter, but both declined to comment on the issue.

However, Arifin in his speech during that function generally express his concern over the recent spate of delays in court cases.

Statement uploaded yesterday

The statement from the registrar's office was uploaded on the judiciary website yesterday in response of Malaysiakini's poser on Oct 25 over the case postponement for the second time.

Suhakam commissioner Dr Khaw Lake Tee has also weighed in on the issue, expressing concern over the prolonged incarceration of death row prisoners.

Lawyers representing Sirul Azhar and the prosecution had on Oct 16 told Malaysiakini the trial would go on as scheduled as the court would not allow further postponement.

Meanwhile, Bar Council human rights chairperson Andrew Khoo said the law does not provide a fixed time period to hear appeals in cases where the death sentence has been passed.

The high-profile case which involved former bodyguards of Prime Minister Najib Razak, who was DPM at the time of the murder, was initially fixed in August but was postponed to last month, and then was put off again.

The written judgment to the case was prepared by High Court judge Md Zaki Yasin in March - three years after the guilty verdict was delivered in 2009.