Court annuls Altantuya family’s suit against Putrajaya
Describing the decision as most disappointing, lawyer Ramkarpal Singh says he will file an appeal.
Justice Ahmad Nasfy Yasin, in his oral grounds, said he found that the plaintiffs had no reasonable cause of action.
He also ordered Altantuya’s father Shaaribuu Setev and three others to pay the government RM1,000 in costs.
Lawyer Ramkarpal Singh, who represented family members of the Mongolian woman, said the judge would give his written grounds later.
“The reason advanced by the judge in allowing the government’s application is most disappointing,” he said.
Ramkarpal said he would file an appeal against the decision in the Court of Appeal on behalf of the family.
He said the suit against three other defendants — Sirul Azhar Umar, Azilah Hadri and political analyst Abdul Razak Baginda — would proceed.
The court has fixed the case for mention on Nov 23.
The government, which is the fourth defendant, in its affidavit, said the plaintiffs had failed to plead that it was vicariously liable for the action of two policemen, Sirul and Azilah, convicted of killing Altantuya.
Shaariibuu had filed an affidavit in reply, citing that the claim, first filed on June 6, 2007, had basis and merit.
“Apart from a cause of action in tort, the claim also comprises of a dependency claim and a claim for damages by all the defendants,” he said in the affidavit.
Shaariibuu said the Malaysian government was also liable as it was the employer of the policemen.
Shaariibuu said liability of the defendants could only be determined after a full trial where evidence would be tendered.
Shaariibuu, his wife Altantsetseg Sanjaa and two grandchildren are suing the government, Razak, and the murderers, Sirul and Azilah.
The family had alleged conspiracy in Altantuya’s murder.
The hearing of the suit was postponed pending the disposal of the murder case.
Sirul and Azilah were convicted by the High Court in 2009 of killing Altantuya, who was said to be a translator and a model.
They succeeded in overturning their conviction at the Court of Appeal in 2013 but the Federal Court in early 2015 restored their conviction and sentenced the duo to death.
Sirul did not show up for the final decision and it was later revealed that he had left Malaysia. The Federal Court later issued a warrant of arrest for him.
Razak, who was charged with abetment in the murder, was freed at the end of the prosecution’s case.
The court ruled the charge against him was not proven and the government did not appeal, a move that invited severe public criticism.
Sirul, who is currently held at an Australian detention centre, and Azilah, who is on death row at Kajang prison, did not challenge the suit.
Both their lawyers have discharged themselves in this civil claim while Razak has engaged a counsel to contest the suit.
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