KUALA LUMPUR: The family of Altantuya Shaariibuu is urging the Attorney General (AG) to address an unrebutted additional affidavit that purportedly led the Federal Court to commute the death penalty for former policeman Azilah Hadri.
In a press statement, the family's lawyer, Sangeet Kaur Deo, stated that Azilah's application for a review of his death sentence included an affidavit and a statutory declaration (SD), which were not countered by the public prosecutor.
"It is significant that the additional affidavit, containing both the affidavit and SD, went unchallenged by the public prosecutor," she said on Monday (Oct 14).
On Thursday (Oct 10), a panel of three judges, led by Chief Justice Tengku Maimun Tuan Mat, approved Azilah's review application, altering his death sentence to 40 years imprisonment with 12 strokes of the rotan.
The police commando was convicted in 2009 for the October 2006 murder of the Mongolian model.
In their unanimous decision, CJ Tengku Maimun cited strong mitigating factors and valid reasons for favouring the applicant, including Azilah's additional affidavit and a letter from Altantuya's father, Dr Shaariibuu Setev.
Sangeet said the additional affidavit includes uncontested claims that Azilah acted under explicit instructions, a fact left unchallenged by the public prosecutor, and this raised serious questions about the AG's actions.
"The family of Altantuya Shaariibuu demands to know if these allegations have been investigated, and if not, why they remain unaddressed," she said.
Sangeet emphasised that as the guardian of the rule of law, the AG has a duty to pursue all leads impartially and hold all individuals accountable, irrespective of status, influence, or affiliation.
The family also seeks updates from the AG on the extradition of another co-accused in the case, Kpl Sirul Azhar Umar, currently in Australia.
"The AG is urged to act quickly and decisively in securing Sirul’s return to face his sentence. Failing to pursue both cases (Azilah’s and Sirul’s) with equal vigour reinforces the perception that the Malaysian legal system protects the powerful while failing those it serves," Sangeet added.
In the widely publicised case, Altantuya was abducted and murdered by gunshot in Shah Alam, with her remains disposed of using explosives, reportedly C4.
Azilah and Sirul were initially convicted by the Shah Alam High Court in 2009. However, the conviction was overturned by the Court of Appeal in 2013, allowing both men to walk free for over a year until the prosecution's appeal reinstated the conviction.
Sirul had fled to Australia during this period. In 2015, the Federal Court upheld the High Court’s conviction and reinstated the death penalty for both men.
Sirul was later detained by Australian Immigration in January 2015 for overstaying, while Azilah remained in jail on death row. Azilah's application for a review followed the enactment of the Mandatory Death Penalty Abolition Act 2023, effective July 4 last year.
