Australia unlikely to send back Altantuya killer Sirul, says lawyer

Salim Bashir says Australia’s policy against the death penalty may complicate efforts to extradite Sirul Azhar Umar, who fled there after being convicted.

(FMT) – Australia’s policy against the death penalty makes it unlikely for Malaysia to extradite former police commando Sirul Azhar Umar, who fled to Australia after being convicted of killing Mongolian national Altantuya Shaariibuu, says a former Bar president.

Salim Bashir said it is Australia’s policy not to extradite any foreigners facing the death penalty in their home country, in line with its international human rights obligations.

“The prospect of Malaysia’s application to extradite Sirul is too remote,” he told FMT. He noted that the death penalty is still part of Malaysian law despite judges now being given the discretion to commute the punishment to life imprisonment.

Since last year, the court can impose a jail term of between 30 and 40 years for murder while males below the age of 50 could be sentenced to a minimum of 12 strokes of the rotan.

Salim’s comments come in response to the family of Altantuya who has urged the attorney-general to provide an update on its next steps in extraditing 53-year-old Sirul.

This follows the Federal Court’s decision last Thursday to commute the death sentence of Azilah Hadri, the other officer convicted with Sirul, to a 40-year prison term, with 12 strokes of the rotan.

Sangeet Kaur Deo, the lawyer representing Altantuya’s family, said the AG has no excuse for any further delay.

Inspector-General of Police Razarudin Husain has previously said the extradition process might be difficult as Malaysia’s death penalty remains.

Another lawyer, Rafique Rashid Ali, said Sirul could file for an extension of time.

“He has to cross that hurdle before the substantive application (for commutation) could be heard,” he said.

Rafique said Sirul must be present in court when the application for the extension of time is heard, as this is a criminal proceeding. However, upon his arrival, he will be arrested and held in prison before being brought to court as he had been found guilty and sentenced to death for the murder.

Rafique also expressed doubts that Sirul would return to Malaysia to serve even the jail term.

“Australia is a safe sanctuary for him,” he added.

Altantuya, 28, was murdered on Oct 18, 2006. Her body was then blown up using C4 explosives in a jungle in Puncak Alam on the outskirts of Shah Alam, Selangor.

Azilah and Sirul were convicted of the murder in 2009. Their convictions were overturned by the Court of Appeal in 2013, but restored by the Federal Court. Both were sentenced to death.

Sirul fled to Australia before the final verdict was announced, where he remains.