What’s happened to Putrajaya’s appeal, ask Mongolia and Altantuya’s dad
(TMI) – Setev Shaariibuu, the father of murdered Mongolian Altantuya Shaariibuu, and the Mongolian government want to know what is happening to Putrajaya’s appeal against the acquittal of two former police commandos for killing her in 2006.
They noted that it has been more than two months since the acquittal of former chief inspector Azilah Hadri and corporal Sirul Azhar Umar, but there has only been silence from the Attorney General’s Chambers.
Lawyer Karpal Singh, who is holding a watching brief for Setev, said his client had been in touch with him constantly to find out the progress of the appeal.
“Two weeks ago the Mongolian Ambassador in Bangkok, who is also in charge of Malaysia, wrote to me to inquire about the case,” Karpal told The Malaysian Insider.
He said the Mongolian government intended to send a delegation to follow the proceedings in the Federal Court, the court of final appeal.
“This case has not only grabbed the attention of locals, but is also closely followed by others abroad, including those in Mongolia,” he said.
Karpal said the high profile murder appeal could be concluded speedily only if the Federal Court took the initiative to fix a hearing date.
“The Federal Court can make an exception to this case which is of public interest, both locally and internationally,” he said in response to the matter being left idle for more than two months.
Karpal drew comparison with the sodomy case of opposition leader Datuk Seri Anwar Ibrahim where the Federal Court had set the appeal date expeditiously.
On September 18, the Court of Appeal dismissed Anwar’s application to disqualify Umno lawyer Tan Sri Muhammad Shafee Abdullah’s appointment as deputy public prosecutor on grounds that the appointment was valid and in accordance with the provisions of the law.
In a criminal case, it is a practice for the court to fix the appeal date once an appellant filed his petition of appeal (grounds for appealing a decision). However, before Anwar could file his petition of appeal, the Federal Court had fixed the appeal date.
Anwar’s appeal to disqualify Shafee will now be heard on November 11.
During the opening of the 2013 legal year, Chief Justice Tun Arifin Zakaria said in order to ensure a speedy disposal of criminal cases in the Federal Court, all appeals would be heard three months from the date a complete appeal record was received.
“So there is an exception to the general rule like in Anwar’s matter,” said Karpal who is also counsel in that case.
He said Putrajaya appeared to be dragging its feet on the appeal against the acquittal of Azilah and Sirul.
The prosecution filed its notice of appeal on August 23, the same day the policemen’s appeals were allowed.
The written judgment was made available on August 26.
A three-man bench chaired by Datuk Seri Mohamad Apandi Ali said in their judgment, among other things, the prosecution’s failure to call DSP Musa Safri, a former aide-de-camp of Datuk Seri Najib Razak, had weakened the prosecution’s case.
AG Tan Sri Abdul Gani Patail had gone on record to state that the prosecution’s case would be intact, even without Musa being called to testify.
