Altantuya’s family to refund govt RM4.7mil

Political analyst Razak Baginda will also get a refund after deducting the RM1.38 million damages awarded by the Court of Appeal.

On Tuesday, the Court of Appeal found that the government was not vicariously liable for the actions of two former policemen in Altantuya Shaariibuu’s murder on grounds that they were not performing their official duties at the time. (File pic)

PETALING JAYA:

 The family of Mongolian national Altantuya Shaariibuu will have to return RM4.7 million to the government following the Court of Appeal’s decision absolving the government of liability for her death nearly 20 years ago.

Altantuya’s former lover, Abdul Razak Baginda, will however receive a refund after deducting the RM1.38 million in damages awarded by the court three days ago.

The refund is based on a High Court decision last year, which ordered both the government and Razak to pay RM4.7 million each (totalling RM9.4 million) in damages and deposit the funds until their appeals were heard.

The money, including interest, was to be held in an interest-bearing stakeholder account with the law firm Karpal Singh & Co.

The 2025 order, sighted by FMT, stated that if the government’s appeal was allowed, the money must be returned within 30 days of the Court of Appeal judgment. It also directed that the RM25,000 costs imposed on the government be refunded.

However, lawyer Abraham Au, who represented Razak with senior counsel Gurdial Singh, said the Court of Appeal has now ruled that the money should be returned within 21 days.

“The RM1.38 million in damages is to be borne by three parties, including the two former policemen, as the court found them jointly and severally liable,” he told FMT.

Au said that at this point, their client has not yet given instructions on whether to proceed to the Federal Court.

On Tuesday, the Court of Appeal found that the government was not vicariously liable for the actions of former policemen Sirul Azhar Umar and Azilah Hadri, on grounds that they were not performing official duties at the time of the murder.

However, the appellate court affirmed the High Court’s finding that Razak is liable for her death, along with the two former policemen.

In 2022, the High Court ordered the government and Razak to jointly and severally pay Altantuya’s family RM5 million in damages plus interest calculated from the day the suit was filed.

Lawyer Sangeet Kaur Deo, representing Altantuya’s family, told a press conference on Tuesday the family decided to apply for leave to appeal the Court of Appeal ruling to clarify whether an employer – the government – can be held vicariously liable for its employees’ unlawful conduct.

Sirul and Azilah were convicted of Altantuya’s murder in 2015. Azilah is currently serving a 40-year prison sentence, while Sirul has fled to Australia. - FMT