Altantuya: No common intention found between both accused
Rita Jong, TMI
The trial judge in the Altantuya Shaariibuu murder trial had failed to make a finding of common intention between the two former Special Action Squad (UTK) members who were convicted for her murder.
This was the observation of Court of Appeal judge Datuk Linton Albert who said common intention formed part of the ingredient of the charge.
“But the trial judge had not made any finding on this,” said Albert.
DPP Tun Abdul Majid Tun Hamzah admitted that the judge did not touch on common intention but said that he had made reference to the two accused persons as first and second accused.
Judge Datuk Seri Mohamed Apandi Ali, who led the three-men bench, then retorted: “He (the trial judge) did not mention it at all, it is no where in the grounds of judgment. Funny isn’t it?”
There were chuckles from the public gallery but Albert was not amused.
“For the two accused persons who are going to the gallows, it isn’t funny,” Albert remarked.
Tun Abdul Majid then said that despite the non-direction of the trial judge on this, they had sufficient evidence to prove their case.
Apandi then added: “Man can plan, but God will decide. Maybe the non-direction is a divine intervention. You may have a strong case, but the judge’s non-direction could be God’s work.”
