PUTRAJAYA: Extraditing Sirul Azhar Umar to execute his death sentence would be in contradiction to Malaysia's extradition treaty with Australia, says his lawyer Kamarul Hisham Kamaruddin.
"Presentation of a request to extradite would be contradictory of the treaty and we would definitely challenge that in the Malaysian court," Kamarul told reporters when met in the courts here.
He explained that if the extradition request was made by Malaysian authorities, the defence team would need to mount a legal challenge in the Malaysian court.
"However, it's all hypothetical for now. It depends on the Government's next move and what my client's instructions are," he said.
Kamarul confirmed he was still representing Sirul although he had not been in contact with him and unsure of his whereabouts.
Sirul faces the gallows over the murder of Mongolian model Altantuya Shaariibuu.
He failed to appear in the Federal Court on Jan 13 when the court sentenced him and former chief inspector, Azilah Hadri, 38, to death for the October 2006 murder of Altantuya, then 26.
The court issued a warrant for Sirul's arrest.
Sirul, 43, was reported to have been in Australia since November.
On Jan 17, Deputy Home Minister Datuk Seri Dr Wan Junaidi Tuanku Jaafar said the Government was strongly considering extraditing Sirul, should the Australian government refuse to repatriate him.
The Australia’s Attorney-General’s Department said the country's legislation did not allow a person to be surrendered to another country for an offence punishable by death, unless the country has given Australia an undertaking that the death penalty will not be carried out on the person.
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