Gov't fails to exclude itself from Altantuya family lawsuit

The government has failed in its attempt to exclude itself from the Altantuya Shaariibuu's family suit.

The Putrajaya Federal Court ruled that the government did not fulfil the requirement as they failed to raise a novel question of law under Section 96 of the Courts of Judicature Act 1964, which would allow it to be given leave to appeal.

Chief Judge of Sabah and Sarawak David Wong Dak Wah chaired the three-member bench comprised of Federal Court judges Alizatul Khair Osman and P Nallini.

David instructed the government to pay RM5,000 in cost.

The ruling came after the court heard the submissions on the issue of vicarious liability addressed by both parties.

Counsel Sangeet Kaur (above) represented the family, while senior federal counsel Nik Suhaimi Nik Sulaiman acted on behalf of the government.

Last month, the Court of Appeal made a decision to reinstate the government as a defendant in a lawsuit filed by the family of the slain Mongolian model.

Prior to that, the Head of the Appellate and Trial Division in the Attorney-General’s Chambers, Nik Suhaimi Nik Sulaiman, had urged the Federal Court to grant the government leave to appeal against the decision.

Altantuya's family filed the RM100 million civil suit against political analyst Abdul Razak Baginda, two cops, and the government in 2007.

The family members comprised Altantuya's father Shaariibuu Setev (above), his wife Altantsetseg Sanjaa, as well as two of their grandsons, Mungunshagai Bayarjargal and Altanshagai Munkhtulga.

However, Altanshagai's name was removed as a plaintiff following his death two years ago.

The trial has started at Shah Alam High Court, and will continue at an unconfirmed date.

The case management will be on Sept 30, Sangeet told reporters after the hearing.

Altantuya was murdered in Shah Alam on Oct 19, 2006, with her remains blown up using military-grade explosives.

Sirul and Azilah, bodyguards to the then deputy prime minister Najib Abdul Razak, were convicted of the murder, while Razak was acquitted.

The conviction was overturned by the Court of Appeal in 2013, and Sirul fled the country for Australia before the Federal Court upheld the conviction in 2015.

Australia reportedly refuses to deport Sirul until after Malaysia abolishes its death penalty. - Mkini