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 by her family against political analyst Abdul Razak Baginda, two policemen and the government.
A three-judge panel, chaired by Chief Judge of Malaya Hashim Hamzah, said the global sum of RM5mil was awarded primarily on a vindicatory basis, rather than through a proper calculation of loss of dependency.
The amount was set aside and replaced with RM1.4mil.
The new sum includes RM1mil for aggravated damages and RM384,000 in dependency claims, to be paid by Abdul Razak and former Special Actions Unit (UTK) officers C/Insp Azilah Hadri and Kpl Sirul Azhar Umar to Altantuya’s family, as the plaintiffs.
The court also awarded RM10,000 in bereavement expenses and RM15,000 in funeral expenses to the family.
Other judges on the bench were Court of Appeal judges Justices Azman Abdullah and 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 government liable over the murder.
The two UTK personnel, he said, were not performing any police duty when they took Altantuya to a remote location and executed her.
“For vicarious liability, the (government) servants’ act must be done in the course of employment. This was a private arrangement by D3 (Abdul Razak),” the judge said yesterday.
The panel then allowed the government’s appeal regarding liability and the quantum of damages.
On Dec 16, 2022, the Shah Alam High Court ordered the government, Abdul Razak, Sirul and Azilah to pay RM5mil in damages to Altantuya’s family, 16 years after her murder in 2006.
Apart from the government, Abdul Razak also appealed against the decision, saying he should not be held liable in the case as he only sought police assistance in handling harassment.
However, Justice Muniandy said the court found this contention to be untenable, as the two UTK officers had no prior knowledge of the deceased, and all information regarding her was provided by Abdul Razak.
“On the night of the incident, Abdul Razak’s private investigator, acting on his instructions, detained the deceased outside Abdul Razak’s residence until Azilah and Sirul arrived to take her away.
“This sequence of events demonstrates a common design to deprive the deceased of her liberty,” the judge said.
He said Abdul Razak was in constant contact with Azilah the entire night, showing a shared intent by the men to ensure that the deceased disappeared.
“D3 was an essential link in the chain of events that led to her death. D1 (Azilah) and D2 (Sirul) had no independent motive in killing the deceased.
“While liability is affirmed, he (Abdul Razak) is held to be severally and jointly liable,” Justice Muniandy said in dismissing Abdul Razak’s appeal.
Neither Azilah nor Sirul appealed the High Court’s Dec 16, 2022 decision.
Altantuya’s parents, Dr Shaariibuu Setev and Altantsetseg Sanjaa, and her son, Mungunshagai Bayarjargal, filed the lawsuit on June 4, 2007, seeking RM100mil in damages.
They named Azilah, Sirul, Abdul Razak and the government as defendants.
Abdul Razak was initially charged together with Sirul and Azilah for Altantuya’s murder, but he was freed at the end of the prosecution’s case on Oct 31, 2008.
The two UTK officers were convicted in 2009.
In 2013, both men won their appeals at the Court of Appeal but in 2015, the Federal Court upheld the High Court’s conviction and reinstated the death penalty.
Sirul did not appear in court during the Federal Court’s decision and is believed to be in Australia.
Azilah is currently in jail after his death sentence was commuted to 40 years in prison following a review application last October.
He was also sentenced to 12 strokes of the rotan.
