In terms of criminal law, the courts need not decide on or reveal the motive, former Court of Appeal judge Justice Mohamad Ariff Md Yusof said today.
When asked over the Altantuya Shaariibuu murder case, which had captured the country by storm over questions on a motive for the murder, Justice Ariff appeared cautious in commenting on the matter following second accused Sirul Azhar Umar’s escapade.
He said there must be some motive to a particular crime, with the exception of it being done by an insane man.
“In terms of criminal law, motive is not a necessary ingredient. That is correct law. Generally there will be cases where motive, although not an essential ingredient of the offence, will have an evidential value.
“Normally there is... There must be some motive though not necessarily it being an ingredient by law. I can only say that much, otherwise I would be talking like an NGO or politician, which is something which I do not want to do,” he said.
Ever since Altantuya’s murder took place nine years ago, the question of motive had loomed large, following the complexity of the case, which allegedly involved important persons like political analyst Abdul Razak Baginda, a close confidante of Prime Minister Najib Abdul Razak.
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Mohamad Ariff Md Yusof
It also involved Sirul and Chief Inspector Azilah Hadri, who are both members of the elite police commando unit tasked with escorting VVIPs who included then-prime minister Abdullah Ahmad Badawi and Najib.
There have been questions on the motive for the murder following Abdul Razak describing the murder of his alleged former girlfriend as an ordinary murder case involving “rogue cops”.
Inspector-General of Police Khalid Abu Bakar had said the police investigation papers were complete and included motive.
However the IGP stressed that since the court did not determine it, it will never be known why the two policemen murdered Altantuya.
DAP parliamentary leader, Lim Kit Siang responded that it was dereliction of duty by Khalid not to reveal the motive. The IGP shot back defending police investigations did establish it.
Facing pressure to reveal the motive, Khalid warned the public yesterday against raising this issue, adding that they could face contempt of court. - M'kini
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