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Wednesday, June 21, 2017

Putrajaya trying to remove RM100 million suit by Altantuya’s family

Murdered model’s father, Shaariibuu, wants the court to hold a trial to determine the liability of the defendants, as evidence will then be tendered for the court to decide.
Altantuya-Shaariibuu-1
PETALING JAYA: After 10 years, Putrajaya is attempting to strike out a RM100 million lawsuit filed by family members of Altantuya Shaariibuu who was murdered by two policemen.
Lawyer Ramkarpal Singh said the government had filed the application in March on grounds the suit did not disclose a proper action against them.
The government, which is the fourth defendant, in its affidavit said the plaintiffs had failed to plead that it was vicariously liable for the action of the policemen Sirul Azhar Umar and Azilah Hadri.
“Altantuya’s father, (Shaariibuu Setev) filed an affidavit in reply to oppose the application last week,” Ramkarpal said
Shaariibuu said the claim, first filed in June 6, 2007, was with basis and had merit.
“Apart from a cause of action in tort, the claim also comprises of a dependency claim and a claim for damages by all the defendants,” he said in the affidavit sighted by FMT.
He said the application to strike out was scandalous, frivolous and vexatious.
Shaariibuu said the Malaysian government was also liable as it was the employer of the policemen.
Shaariibuu said liability of the defendants could only be determined after a full trial where evidence would be tendered.
Ramkarpal said the government would reply to Shaariibuu’s affidavit and both parties would then proceed to file written submissions.
“The High Court judge (Ahmad Nasfy Yasin) is expected to deliver his ruling on July 26,” he said.
Shaariibuu, his wife Altantsetseg Sanjaa, and two grandchildren are suing the government, political analyst Abdul Razak Baginda, and the convicted killers, Sirul and Azilah.
The family had alleged conspiracy in Altantuya’s murder.
The hearing of the suit was postponed pending the disposal of the murder case at the High Court. Subsequently, there were appeals at the Court of Appeal and Federal Court.
Sirul and Azilah were convicted by the High Court in 2009 of killing Altantuya who was said to be a translator and a model.
They succeeded in overturning their conviction at the Court of Appeal in 2013 but the Federal Court in early 2015 restored their conviction and sentenced the duo to death.
Sirul did not show up for the final decision and it was later revealed he had left Malaysia. The Federal Court later issued a warrant of arrest for him.
Altantuya’s lover Abdul Razak Baginda, who was charged with abetment in the murder, was freed at the end of the prosecution’s case.
The court ruled the charge against him was not proven and the government did not appeal, a move that invited severe public criticism .
Ramkarpal said Sirul,who is currently held at an Australian detention centre, and Azilah, who is on death row in Kajang prison, were not challenging the suit.
“Both their lawyers have discharged themselves in this civil claim while Razak has engaged a counsel to contest the suit,” he said.- FMT

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