PUTRAJAYA: The Court of Appeal has reduced the quantum of damages awarded to the family of Mongolian interpreter Altantuya Shaariibuu from RM5mil to RM1.4mil in a lawsuit against political analyst Abdul Razak Baginda, two policemen and the Government.
A three-judge panel chaired by Chief Judge of Malaya Justice Hashim Hamzah said the global sum of RM5mil was set aside and replaced with RM1.384mil.
The new sum includes RM1mil for aggravated damages and RM384,000 in dependency claim to be paid by Abdul Razak and Special Actions Unit (UTK) officers C/Insp Azilah Hadri and Kpl Sirul Azhar Umar to the family.
The Court also awarded RM10,000 in bereavement expenses and RM15,000 in funeral expenses.
In its decision, the appellate Court held that the Govt was not liable over the death as the act of the two police officers was committed outside their scope of duty.
Other judges on the Bench were Justice Azman Abdullah and Justice K. Muniandy.
Justice Muniandy, who read the broad grounds of judgment, said the appellate Court found the High Court judge had erred when it held the Govt liable over the murder.
"For vicarious liability, the servants' act must be done in the course of employment. This was a private arrangement by Abdul Razak," the judge said via Zoom here on Tuesday (Jan 20).
The panel then allowed the Govt's appeal on liability and the quantum of damages.
On Dec 16, 2022, the Shah Alam High Court ordered the Govt, Abdul Razak, Sirul and Azilah to pay RM5mil in damages to the family, 16 years after her murder in 2006.
Abdul Razak appealed, saying he should not be held liable as he only sought police assistance in handling harassment.
However, Justice Muniandy said this contention was untenable as the two police officers had no prior knowledge of the deceased and all information was provided by Abdul Razak.
He said Abdul Razak was in constant contact with Azilah the entire night when the fateful events took place, showing a shared intent to ensure the deceased disappeared.
"Abdul Razak was an essential link in the case. Azilah and Sirul had no independent motive in killing the deceased," Justice Muniandy said in dismissing Abdul Razak's appeal.
