KUALA LUMPUR: The police say the interview given by its former commando Sirul Azhar Umar to an international media on his conviction in the murder of Mongolian Altantuya Shaariibuu in 2009 was unfounded and could create more speculation.
Inspector-General of Police Tan Sri Razarudin Husain (pic) said Sirul Azhar had been allowed to defend himself per Malaysian laws and constitution.
“However, his (Sirul Azhar) claims were never submitted to any court that heard his case, from the High Court to the Federal Court.
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“If he is convinced and feels the need for justice, that there is new evidence, Sirul Azhar or through his lawyer, can make a police report for the authorities to take the necessary action,” he told Bernama.
Razarudin was commenting on Sirul Azhar’s interview broadcast on television recently.
According to Razarudin, Sirul Azhar has not, until now, made any application to review the death sentence imposed on him in line with the Revision of Sentence of Death and Imprisonment for Natural Life (Temporary Jurisdiction of the Federal Court) Act 2023 (Act 847) which gives 90 days from Sept 12 this year for a death penalty offender to apply.
Razarudin said although Malaysia has an extradition agreement with Australia, he cannot be extradited to Malaysia because of the death sentence imposed on him.
“Australia does not recognise the death penalty and also does not impose the death penalty on criminal offenders in the country.”
Razarudi said one of the conditions for an extradition agreement to be implemented is that the offence must have dual criminality.
He said Malaysia has Mutual Legal Assistance with many countries, including Australia, through the Mutual Assistance In Criminal Matters Act (MACMA 2002).
He said the principle of dual criminality also applies to this act. “This means that an offence must be a criminal offence for both countries and also carries the same punishment.”
“The latest legal development in Malaysia only involved abolishing the mandatory death penalty. This means that the death penalty still exists in Malaysia, only that it is no longer mandatory and at the discretion of the court,” he said.
