Altantuya Shaariibuu’s family files to appeal civil suit ruling at Federal Court, challenging government liability and reduced damages.

KUALA LUMPUR: The family of murdered Mongolian model Altantuya Shaariibuu has filed an application for leave to appeal to the Federal Court.

They are challenging the Court of Appeal’s ruling in their long-running civil suit.

Lawyer Sangeet Kaur Deo, representing the family, said the appeal will raise several questions of law.

These include the scope of the government’s vicarious liability for acts of state agents resulting in unlawful deprivation of life.

The appeal will also examine 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,” Sangeet said.

She added the court will have the opportunity to clarify the law in this area.

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.

The RM1.4 million damages are to be borne jointly by political analyst Abdul Razak Baginda and two former police officers.

The officers are Sirul Azhar Umar and Azilah Hadri.

The appellate court held that the Malaysian government is fully discharged from liability.

It dismissed the claim against the government.

The court also held that the government was not vicariously liable for Altantuya Shaariibuu’s death.

It ruled 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.

They claimed that her death caused them mental shock and psychological trauma.

On Dec 16, 2022, the Shah Alam High Court allowed the lawsuit.

It ordered 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.

This overturned a prior Court of Appeal acquittal.

In October 2023, the Federal Court allowed Azilah’s review application.

It commuted his death sentence to 40 years’ imprisonment.

 The Sun Malaysia