PUTRAJAYA: The family of Mongolian Altantuya Shaariibuu withdrew their appeal against a High Court’s dismissal of their bid to use the Federal Court’s criminal verdict over her (Altantuya) murder for their civil lawsuit.
Lawyer Sangeet Kaur Deo representing the family informed the Court of Appeal’s three-member bench of the withdrawal with no order as to cost.
Justice Datuk Dr Badariah Sahamid, who chaired the bench, subsequently struck out the appeal.
The other two judges were Datuk Harmindar Singh Dhaliwal and Datuk Nor Bee Ariffin.
The family members had filed an appeal against the Shah Alam High Court’s decision on Oct 1,2018, in rejecting their application to use the evidence in a Federal Court ruling that convicted two policemen for her murder, in their RM100mil lawsuit.
They are Altantuya’s father Dr Shaariibuu Setev, her mother Altantsetseg Sanjaa and her sons Mungunshagai Bayarjargal and Altanshagai Munkhtulga.
Then High Court judge Datuk Vazeer Alam Mydin Meera (now Court of Appeal judge) ruled Section 43 of the Evidence Act 1950 does not allow the use of criminal convictions in civil cases.
Sangeet Kaur told reporters yesterday the appeal was withdrawn in view of the position of the law that criminal convictions cannot be used in civil lawsuit.
Altantuya’s family members had filed a lawsuit on June 4,2007, claiming her death had caused them mental and psychological trauma and sought damages including dependency claims.
They had named two police officers, namely Chief Insp Azilah Hadri and Kpl Sirul Azhar Umar, political analyst Abdul Razak Baginda and the government as defendants in the suit.
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.
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, their acquittal was overturned by the Federal Court on Jan 13,2015, following the prosecution’s appeal. — Bernama