KUALA LUMPUR, Feb 24 — The family of murdered Mongolian national Altantuya Shaariibuu is taking their legal battle to Malaysia’s highest court in a final bid to hold the government liable for her 2006 death.
The family’s lawyer, Sangeet Kaur Deo, said that they have also filed a separate application for leave to appeal the appellate court’s decision to reduce the damages awarded in their lawsuit against political analyst Abdul Razak Baginda.
Both applications were filed at the Federal Court last Thursday, Free Malaysia Today reported.
In a separate press statement, Sangeet noted that a case management (e-review) session for both applications has been scheduled for March 19 before Federal Court deputy registrar Wan Norazimin Kassim.
She said the applications invite the apex court to consider several critical questions of law arising from the civil proceedings surrounding Altantuya’s murder.
These include questions regarding the scope of the government’s vicarious liability when the actions of state agents result in the unlawful deprivation of life, as well as the statutory framework governing damages in civil claims for 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 important area,” Sangeet said.
On Jan 20, the Court of Appeal ruled that the government was not vicariously liable for the actions of former police personnel Sirul Azhar Umar and Azilah Hadri.
The appellate court determined that the two men were not performing their official duties at the time of the murder.
However, the court upheld the liability of Sirul, Azilah, and Abdul Razak for their involvement in Altantuya’s death.
Sirul and Azilah were previously convicted of the murder by the Federal Court in 2015.
During the January ruling, the Court of Appeal also slashed the quantum of damages awarded to Altantuya’s family, originally set at RM5 million by the High Court, down to RM1.38 million.
Following this decision, Sangeet confirmed on Feb 5 that Altantuya’s family had fully refunded RM4.7 million in damages and legal costs to the government.
Abdul Razak, meanwhile, is expected to receive a partial refund after the RM1.38 million in damages awarded by the court is deducted from his initial payout.
Malay Mail – Malaysia
