Altantuya’s family loses bid to use Federal Court verdict in civil suit

SHAH ALAM: The High Court here yesterday rejected the application filed by Dr Shaariibuu Setev and his family to use the Federal Court criminal verdict over his daughter, Mongolian model Altantuya Shaariibuu’s murder, in their RM100 million civil suit.

Lawyer Sangeet Kaur Deo representing Shaariibuu, when met by reporters said the High Court judge Datuk Vazeer Alam Mydin Meera made the ruling in chambers based on Section 43 of the Evidence Act 1950, which states that criminal convictions cannot be used in civil proceedings.

“Section 43 (of the Evidence Act 1950) does not allow the use of criminal convictions in civil cases,” she said after the case management proceeding yesterday.

Sangeet Kaur said she would file an appeal over the decision this week, adding that the trial for the RM100 million suit had been fixed for January next year.

She also opined that it was time for the Attorney-General’s Chambers to consider an amendment to Section 43 of the Evidence Act as what had been done by developed countries such as the United Kingdom.

In July, Shaariibuu filed the application to use the Federal Court criminal verdict regarding his daughter’s murder in the RM100 million suit.

On June 4, 2007, Shaariibuu and Altantuya’s mother Altantsetseg Sanjaa and their two grandsons, Mungunshagai Bayarjargal and Altanshagai Munkhtulga, filed a RM100 million suit against two former policemen Azilah Hadri and Sirul Azhar Umar, political analyst Abdul Razak Abdullah Baginda and the government of Malaysia.

In the statement of claim, the family alleged that Altantuya’s death had caused them mental shock and psychological trauma, entitling them to be compensated with exemplary and aggravated damages.

Abdul Razak was charged with abetting Azilah and Sirul Azhar in the murder of Altantuya, 28, in 2006, but was acquitted by the High Court in October 2008 without calling for his defence, while Azilah and Sirul Azhar were convicted of the offence in 2009.

On Aug 23, 2013, the Court of Appeal allowed Azilah and Sirul Azhar’s appeal and acquitted them of the charge.

However, on Jan 13, 2015, the Federal Court allowed the prosecution’s appeal and set aside the Court of Appeal’s decision. It found Sirul Azhar and Azilah guilty and sentenced them to death by hanging. - Bernama