Nov 12: Federal Court to hear govt’s bid for leave to appeal in lawsuit by Altantuya’s family

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Altantuya Shaariibuu

PUTRAJAYA: The Federal Court will hear on Nov 12 an application by the Malaysian government for leave to appeal against a Court of Appeal’s decision in reinstating it (the government) as a defendant in a RM100 million lawsuit filed by the family of the deceased Mongolian model Altantuya Shaariibuu.

The date was fixed during a case management before deputy registrar Wan Fatimah Zaharah Wan Yussof yesterday.

Present at the proceedings were senior federal counsel Jasmee Hameeza Jaafar, appearing for the government, and lawyer Rayveni Asogan, representing Altantuya’s parents and her two sons.

Shaariibuu Setev, his wife Altantsetseg Sanjaa and Altantuya’s two sons, Mungunshagai Bayarjargal and Altanshagai Munkhtulga, filed the suit on June 4, 2007 claiming that Altantuya’s death had caused them mental and psychological trauma.

They had named two police officers, namely Chief Inspector Azilah Hadri and Corporal Sirul Azhar Umar, political analyst Abdul Razak Baginda and the government as defendants in the suit.

In the statement of claim, the family alleged conspiracy in Altantuya’s murder and was seeking damages, including dependency claims.

Abdul Razak was charged with conspiring with Azilah and Sirul Azhar to kill Altantuya, 28, in 2006, but he was acquitted of the charge in October 2008 without having to enter his defence, while Azilah and Sirul Azhar were found guilty in 2009.

On Aug 23, 2013, the Court of Appeal allowed Azilah and Sirul Azhar’s appeal and acquitted them of the charge.

However, on Jan 13, 2015, the Federal Court allowed the government’s appeal and overturned their acquittal and instead found them guilty for murder and sentenced them to death.

Sirul Azhar fled to Australia before the verdict by the Federal Court was delivered in 2015 and is currently held at an Australian detention centre.

On Aug 23, last year, the Shah Alam High Court allowed the government’s application to strike out the suit.

The Court of Appeal overturned that decision on March 14, this year after ruling that there were triable issues to be decided by the High Court. — Bernama