KUALA LUMPUR: The father of the late Altantuya Shaariibuu submitted a judicial review application to the High Court on Monday (Aug 25) to compel authorities to investigate the affidavit of former Special Action Unit (UTK) member Chief Inspector Azilah Hadri, who was involved in the murder of the Mongolian model 19 years ago.
Dr Shaariibuu Setev, as the applicant, named the Inspector General of Police, the director of the Criminal Investigation Department, the police, the Attorney General, and the Malaysian Government as the first to fifth respondents, according to Sinar Harian.
Lawyer Sangeet Kaur Deo, who represented the family of the deceased, issued a media statement on Thursday (Aug 28) stating that the affidavit dated Sept 24, 2024, contained a Statutory Declaration dated Oct 17, 2019.
According to him, in October 2024, Azilah had used the document to support his application in the Federal Court to commute his death sentence.
The application was approved by the Federal Court panel presided over by the then Chief Justice, Judge Tengku Maimun Tuan Mat.
He said the court later changed Azilah's death sentence to 40 years in prison, starting from the date of his arrest, minus the period he was released after the Court of Appeal's decision, as well as 12 lashes.
According to Sangeet, Tengku Maimun, in her judgment, stated that the content of the additional affidavit and statutory declaration was never disputed or denied by the prosecution during the proceedings.
"At the same time, it allows the court to apply the principle of proportionality in sentencing," he said.
Based on the affidavit, Setev said that the police did not inform the status of the latest investigation conducted by the Criminal Investigation Department, Bukit Aman, in 2019 regarding the content of Azilah's additional affidavit.
If the investigation into the additional affidavit was still ongoing, he applied for a mandamus order to complete the inquiry within one month from the date of the court order.
He also requested a mandamus order for the police to provide detailed information on the latest status of Bukit Aman's investigation into Azilah's affidavit within seven days.
"If the police decide to classify the investigation papers as no further action or NFA, the applicant wants the reason for the action to be taken," said the affidavit.
The court set Sept 29 for Setev to obtain permission to commence a judicial review that would be heard before Judge Datuk Aliza Sulaiman.
Azilah, who was convicted of murdering Altantuya, avoided hanging after the Federal Court here on October 10 last year replaced it with a 40-year prison sentence.
A three-judge panel chaired by the Chief Justice, Tun Tengku Maimun Tuan Mat, unanimously approved the application for a review of Azilah's death sentence.
The court ordered that he be punished from the date of his arrest on Nov 1, 2006 and be given 12 lashes.
Previously, he requested that the death penalty be replaced with a prison sentence following the Mandatory Death Penalty Abolition Act 2023, which came into force on 4 July 2023.
Under the new law, judges have the discretionary power to impose either the death penalty or imprisonment of between 30 and 40 years.
If the death penalty was not imposed, male offenders under the age of 50 face a minimum of 12 lashes.
Azilah was convicted in 2009 along with another former police officer, Corporal Sirul Azhar Umar, for the murder of Altantuya in Mukim Bukit Raja, Shah Alam, Selangor, between 10pm on Oct 19, 2006, and 1am the next morning.
The Shah Alam High Court sentenced them to death, while political analyst Abdul Razak Baginda was acquitted of the charge of complicity in the murder.
In 2013, Azilah and Sirul Azhar were acquitted by the Court of Appeal, but two years later, in 2015, the Federal Court set aside the decision by upholding their conviction and death sentence.
Sirul Azhar was not present to hear the Federal Court's decision because he fled to Australia in 2006, where he was detained under Immigration laws before being released late last year.
In 2020, the Federal Court rejected Azilah's application for a retrial and review of his conviction.
The media reported that Azilah also requested a Royal pardon from the Sultan of Selangor.
Altantuya, who allegedly served as a translator during negotiations for the sale of submarines by the French arms firm DNS to the Malaysian government, was murdered by two bodyguards of Datuk Seri Najib Tun Razak, who was then Deputy Prime Minister, on 18 October 2006.
