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Murder
When it was realised she was missing on 19 October 2006, her cousin lodged a police report and sought help from the Mongolian embassy in Bangkok. The Malaysian police found fragments of bone, later verified as hers, in forested land near the Subang Dam in Puncak Alam, Shah Alam. Police investigation of her remains revealed that she was shot twice before C-4 explosives were used on her remains, although there has been later suggestion that the C-4 explosives may have killed her. However, lab results confirmed the explosives used was PETN and RDX, a type of explosive used in quarries which could have been sourced from nearby quarries. When her remains were found their identity could only be confirmed with a DNA test.[1]
Members of the police force were arrested during the murder investigation. The two murder suspects have been named as Chief Inspector Azilah Hadri, 30, and Corporal Sirul Azhar Umar, 35. They had been members of the elite Unit Tindakan Khas (the Malaysian Police Special Action Force or counter-terrorism unit) and were both assigned to the office of the Prime Minister, Najib Abdul Razak, albeit as bodyguards, who was also the Defence Minister at the time of the murder. Abdul Razak has been charged with abetting the murder.[30]
Death sentence
On 9 April 2009, High Court Judge Zaki Yasin ruled that Sirul Azhar's and Azilah's statements were "unbelievable" as both of the accused only blamed each other.[2] Both policemen were sentenced to death for the murder of Altantuyaa. Wrapping up the 159-day trial, Zaki said both of them failed to raise any reasonable doubt in the prosecution's case.[43] However, their lawyers planned to file an appeal. Both policemen showed no emotion when they heard that they were sentenced to be hanged until dead. Their family members accept the court's decision and denied any political elements in the verdict.[44] The two policemen appealed their sentence in late August.[45] The Court of Appeal has fixed a date for their appellate hearing for 10 June 2013.[46][47][48]
Shariibuu Setev's lawyers have applied for a review the Attorney-General's decision not to appeal Abdul Razak Baginda's acquittal in the murder of Shariibuu's daughter, Altantuyaa.[49] The application was set to be heard at the High Court on 8 July 2009.[50] Dr. Shariibuu later withdrew the application but said he would still proceed with the claim against Abdul Razak, Azilah, Sirul Azhar, and the Government of Malaysia for damages over Altantuyaa's death.[51]
Sirul and Azilah were acquitted on 23 August 2013 by the Court of Appeal.[3] Several reasons were given for the acquittal such as the failure of the prosecution to provide a strong motive for the two men to murder the victim and the failure to call for the cross-examination of Najib's aide Musa Safri and Najib Abdul Razak.[52][53][54] The acquittals have drawn the derision from many Malaysians, including Altantuyaa's father.[55][56][57]
The prosecution immediately made an appeal to the Federal Court over the acquittal of the Azhar and Sirul which was heard on 23 June 2014.[58] The Federal Court on 13 January 2015 overturned the acquittal of both individuals, finding them both guilty of murder and sentenced both of them to death.[4][59] It was later discovered that Sirul did not show up during the appeal hearing and was believed to be in Australia.[60][61][62] The Inspector-General of Police, Tan Sri Khalid Abu Bakar, has made an extradition request to Australia calling for Sirul, but faces difficulty due to Australia's policy of not extraditing individuals to countries which have the death penalty.[5][63][64] Sirul was detained by Australian immigration authorities in Brisbane, Queensland on 20 January 2015 after Interpol red notice was issued for his arrest.[65][66][67]
Finding the motive of murder
Three years after the Federal Court found both policemen guilty of murder and sentenced them to death, Dr Shaariibuu Setev, the father of Altantuyaa, made a report to request the police to reopen the case of the murder as his lawyer Ramkarpal said that the motive of the murder needed to be investigated and who ordered the killing be brought to justice.[68]
Prime Minister Tun Dr Mahathir Mohamad, who led Pakatan Harapan to defeat Barisan Nasional in the 14th General Election (GE14) on 9 May 2018, said the murder case should be reopened and agreed that it warranted further investigation.[69]
After the GE14, Mongolian President Khaltmaagiin Battulga asked Dr Mahathir Mohamad to help bring justice in the murder case of Altantuyaa[70] while Malaysian political leader Anwar Ibrahim said Sirul should face a new trial as the judges' ruling was compromised and the reluctance of the judges to call relevant witnesses made a mockery of the law.[71]
sos
Dec 2019
https://www.thestar.com.my/news/nation/2019...rom-the-gallows
Altantuya murder: ‘Shoot to kill’ was Najib’s orders, says Azilah from the gallows
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PETALING JAYA: Datuk Seri Najib Razak gave the order to kill Mongolian national Altantuya Sharibuu, claims former police commando Azilah Hadri, who is on death row for her murder.
The former Chief Inspector claimed that Najib, who was deputy prime minister and also defence minister at the time in 2006, met him and had ordered him to “shoot to kill” Altantuya as she was a “dangerous foreign spy”.
Azilah said this in a shocking allegation filed in a statutory declaration (SD) along with his application seeking the Federal Court to review its decision on his conviction and death sentence imposed on him and then-Corporal Sirul Azhar Umar, also a former police commando, in 2001.
The SD, which was first revealed by Malaysiakini, was filed on Oct 17 as part of his application seeking the Federal Court review.
He is also seeking a retrial in order to provide full evidence on the clandestine operation in open court so that “justice will be served”, the news portal reported Monday (Dec 16).
The court has fixed Tuesday (Dec 17) for case management.
Azilah’s SD detailed how Najib's then aide-de-camp Musa Safri brought him to Najib when he was on duty at the Sri Kenangan residence in Pekan as an officer with Bukit Aman’s Special Actions Unit (UTK).
Najib was then, as he is now, Pekan MP.
“Musa brought me to see the DPM (Najib) in an office room at the Sri Kenangan residence in Pekan, after which he left the room. The DPM asked me if I knew any police officers at the Brickfields police station, to which I replied in the affirmative.
“The DPM then told me that a foreign spy was in Kuala Lumpur and was trying to threaten the DPM and his special officer known as (Abdul) Razak Baginda.
“The special officer was a good friend of the DPM whom I met during my official assignment in London sometime ago.
“I was informed that the foreign spy was a woman and was very dangerous because of the numerous secrets she knew about national security.
“The foreign spy could not approach the DPM due to the tight security and therefore the foreign spy was threatening the DPM’s special officer (instead).
“The DPM instructed me to carry out a covert operation when I returned to Kuala Lumpur later.
“I had to be cautious with the foreign spy woman as she was a smart talker and was cunning – one of which is that she (claims to be) pregnant.
“I told the DPM that a police report had to be made on this matter and I would ask for help from my friend at the Brickfields police headquarters, but this was turned down by the DPM.
“The DPM said that this (matter) could not be publicly known as it (involved) a threat to national security. The DPM then instructed me to carry out a covert operation to arrest and destroy the spy secretly and destroy her body using explosives.
“I asked the DPM what he meant by ‘arrest and destroy the foreign spy, ’ and he responded: ‘Shoot to kill’, indicating this ‘neck cut signal’.
“Asked about the purpose of destroying the foreign spy with explosives, the DPM replied: ‘Dispose of the foreign spy’s body with an explosive device to remove traces. The explosives can be obtained from the UTK store (armoury)’.
“The DPM reminded me to carry out this covert operation carefully and with a high level of security and secrecy as it involved a threat to national security, ” Azilah said in his SD, which was published by Malaysiakini.
In an immediate response, Najib rubbished the allegations and said the claims were mere fabrication, the portal also reported.
In 2015, the Federal Court convicted the two former UTK personnel Azilah and Sirul for murdering Altantuya.
Justice Suriyadi Halim Omar, who read the judgement, ruled that the prosecution had proven its case against the two accused beyond reasonable doubt.
On Aug 23, 2013, the Court of Appeal overturned the Shah Alam High Court's decision to convict the duo, sparing them from the gallows.
The panel chaired by Justice Mohamed Apandi Ali, in a 47-page judgment held that circumstantial evidence adduced by the prosecution was insufficient and that the duo’s guilt had not been satisfactorily proven.
In 2009, Azhar and Sirul were convicted and sentenced to death by the Shah Alam High Court for killing the Mongolian woman at Mukim Bukit Raja, Klang, between 10pm on Oct 19, 2006, and 1am on Oct 20, 2006.
Former political analyst Abdul Razak Baginda, who was jointly charged with them, was acquitted by the High Court on Oct 31, 2008, after the prosecution failed to establish a prima facie case against him.
The prosecution did not appeal his acquittal.
The former Chief Inspector claimed that Najib, who was deputy prime minister and also defence minister at the time in 2006, met him and had ordered him to “shoot to kill” Altantuya as she was a “dangerous foreign spy”.
Azilah said this in a shocking allegation filed in a statutory declaration (SD) along with his application seeking the Federal Court to review its decision on his conviction and death sentence imposed on him and then-Corporal Sirul Azhar Umar, also a former police commando, in 2001.
The SD, which was first revealed by Malaysiakini, was filed on Oct 17 as part of his application seeking the Federal Court review.
He is also seeking a retrial in order to provide full evidence on the clandestine operation in open court so that “justice will be served”, the news portal reported Monday (Dec 16).
The court has fixed Tuesday (Dec 17) for case management.
Azilah’s SD detailed how Najib's then aide-de-camp Musa Safri brought him to Najib when he was on duty at the Sri Kenangan residence in Pekan as an officer with Bukit Aman’s Special Actions Unit (UTK).
Najib was then, as he is now, Pekan MP.
“Musa brought me to see the DPM (Najib) in an office room at the Sri Kenangan residence in Pekan, after which he left the room. The DPM asked me if I knew any police officers at the Brickfields police station, to which I replied in the affirmative.
“The DPM then told me that a foreign spy was in Kuala Lumpur and was trying to threaten the DPM and his special officer known as (Abdul) Razak Baginda.
“The special officer was a good friend of the DPM whom I met during my official assignment in London sometime ago.
“I was informed that the foreign spy was a woman and was very dangerous because of the numerous secrets she knew about national security.
“The foreign spy could not approach the DPM due to the tight security and therefore the foreign spy was threatening the DPM’s special officer (instead).
“The DPM instructed me to carry out a covert operation when I returned to Kuala Lumpur later.
“I had to be cautious with the foreign spy woman as she was a smart talker and was cunning – one of which is that she (claims to be) pregnant.
“I told the DPM that a police report had to be made on this matter and I would ask for help from my friend at the Brickfields police headquarters, but this was turned down by the DPM.
“The DPM said that this (matter) could not be publicly known as it (involved) a threat to national security. The DPM then instructed me to carry out a covert operation to arrest and destroy the spy secretly and destroy her body using explosives.
“I asked the DPM what he meant by ‘arrest and destroy the foreign spy, ’ and he responded: ‘Shoot to kill’, indicating this ‘neck cut signal’.
“Asked about the purpose of destroying the foreign spy with explosives, the DPM replied: ‘Dispose of the foreign spy’s body with an explosive device to remove traces. The explosives can be obtained from the UTK store (armoury)’.
“The DPM reminded me to carry out this covert operation carefully and with a high level of security and secrecy as it involved a threat to national security, ” Azilah said in his SD, which was published by Malaysiakini.
In an immediate response, Najib rubbished the allegations and said the claims were mere fabrication, the portal also reported.
In 2015, the Federal Court convicted the two former UTK personnel Azilah and Sirul for murdering Altantuya.
Justice Suriyadi Halim Omar, who read the judgement, ruled that the prosecution had proven its case against the two accused beyond reasonable doubt.
On Aug 23, 2013, the Court of Appeal overturned the Shah Alam High Court's decision to convict the duo, sparing them from the gallows.
The panel chaired by Justice Mohamed Apandi Ali, in a 47-page judgment held that circumstantial evidence adduced by the prosecution was insufficient and that the duo’s guilt had not been satisfactorily proven.
In 2009, Azhar and Sirul were convicted and sentenced to death by the Shah Alam High Court for killing the Mongolian woman at Mukim Bukit Raja, Klang, between 10pm on Oct 19, 2006, and 1am on Oct 20, 2006.
Former political analyst Abdul Razak Baginda, who was jointly charged with them, was acquitted by the High Court on Oct 31, 2008, after the prosecution failed to establish a prima facie case against him.
The prosecution did not appeal his acquittal.
20 Apr 2020
https://www.freemalaysiatoday.com/category/...der-conviction/
Court cancels Azilah’s hearing to set aside Altantuya murder conviction
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PUTRAJAYA: The Federal Court has vacated the hearing of a review application filed by former policeman Azilah Hadri who is seeking to set aside his death sentence for the murder of Mongolian citizen Altantuya Shaariibuu.
Courts have been out of bounds for hearings and appeals requiring the physical presence of lawyers since the movement control order took effect on March 18.
Deputy public prosecutor Mohd Dusuki Mokhtar said Federal Court deputy registrar Azniza Mohd Ali had given notice through a letter last week that today’s scheduled proceedings would be cancelled.
“Parties will be informed of the new hearing date,” he told FMT.
Wonder when will be the "new hearing date"
Apr 21 2020, 12:55 PM, updated 6y ago
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