Setev Shaariibuu, the father of the deceased Mongolian translator Altantuya, has filed an application for leave with the Federal Court to appeal the Court of Appeal’s decision in his civil suit.
Setev’s (above) lawyer Sangeet Kaur Deo said the application would invite the country’s highest court to consider several legal questions in the suit, including the scope of the government’s vicarious liability in Altantuya’s death.
“Among others, these include questions relating to the scope of vicarious liability of the government, where acts of state agents result in the unlawful deprivation of life and the statutory framework governing damages in civil claims arising from unlawful killing.
“In light of the public importance of these issues, it is appropriate that they now be considered by the Federal Court, which will have the opportunity to clarify the law in this important area,” she said in a statement today.
The matter has been fixed for case management on March 19 before Federal Court’s deputy registrar Wan Norazimin Kassim.
On Jan 20, the Court of Appeal fully discharged the government from liability over Altantuya’s death in allowing their appeal against the Shah Alam High Court’s 2022 verdict.
It also reduced the initial court-ordered global damages of RM5 million to RM1.4 million payable to the deceased’s family.
The Court of Appeal also dismissed a separate appeal filed by the third defendant, political analyst Abdul Razak Baginda.
Family’s lawsuit
On Dec 16, 2022, the High Court ordered all the defendants - namely Razak, the government and former Special Actions Unit commandos Azilah Hadri and Sirul Azhar Umar - to pay RM5 million in compensation to Altantuya's family over her murder.
The three plaintiffs – Altantuya’s parents Setev and Altantseseg Sanjaa, and brother Mungunshagai Bayarjargal - were suing for RM100 million.
The Mongolian model was murdered in October 2006, and her remains were blown up with military-grade explosives.
A separate criminal court convicted Azilah and Sirul of the murder and sentenced them to death in April 2009.
However, the criminal court acquitted Razak of abetting the murder in October 2008 without his defence being called. - Mkini
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