KUALA LUMPUR, Feb 24 (Bernama) -- The family of murdered Mongolian model Altantuya Shaariibuu has filed an application for leave to appeal to the Federal Court challenging the Court of Appeal’s ruling in their civil suit.
Representing the family, lawyer Sangeet Kaur Deo said the appeal will raise several questions of law, including the scope of the government’s vicarious liability for acts of state agents resulting in unlawful deprivation of life, and the statutory framework governing damages in civil claims arising from unlawful killings.
“In light of the public importance of these issues, it is appropriate that they now be considered by the Federal Court, which will have the opportunity to clarify the law in this area,” Sangeet said in a statement today.
The lawyer said the case has been scheduled for case management before Federal Court Deputy Registrar Wan Norazmin Kassim on March 19.
On Jan 20, the Court of Appeal reduced the damages awarded to the Mongolian family from RM5 million to RM1.4 million in a civil suit over Altantuya Shaariibuu’s 2006 death.
The RM1.4 million damages are to be borne jointly by political analyst Abdul Razak Baginda and two former police officers, Sirul Azhar Umar and Azilah Hadri.
The appellate court held that the Malaysian government is fully discharged from liability, dismissing the claim against it.
The court also held that the government was not vicariously liable for Altantuya Shaariibuu’s death, as the acts of the two former police officers were committed outside the scope of their official duties.
However, it affirmed the High Court’s ruling holding Abdul Razak liable for conspiracy and complicity in her death.
Altantuya’s parents and grandson filed a RM100 million civil suit on June 4, 2007, claiming that her death caused them mental shock and psychological trauma.
On Dec 16, 2022, the Shah Alam High Court allowed the lawsuit, ordering Azilah, Sirul Azhar, Abdul Razak, and the government to jointly pay RM5 million in damages.
The government and Abdul Razak subsequently appealed the High Court’s decision.
Azilah and Sirul Azhar were convicted in 2009 of murdering Altantuya in Shah Alam between Oct 19 and 20, 2006. The Federal Court upheld their convictions and death sentences in 2015, overturning a prior Court of Appeal acquittal.
In October 2023, the Federal Court allowed Azilah’s review application and commuted his death sentence to 40 years’ imprisonment.
-- BERNAMA
