This article first appeared in The Edge Malaysia Weekly on December 7, 2020 - December 13, 2020

IN 2009, when the Shah Alam High Court found two elite police Special Action unit (UTK) personnel guilty of the murder of Mongolian translator Altantuya Shaariibuu three years earlier, it was deemed a murder without a motive.

In a 70-page written judgment, Shah Alam High Court trial judge Datuk Mohd Zaki Md Yasin wrote: “Whatever the motive was, it is a matter of law that the motive, although relevant, has never been essential to constitute murder.”

Chief Inspector Azilah Hadri and Corporal Sirul Azhar Umar were convicted and sentenced to death but this was overturned by the Court of Appeal when it ruled in 2014 that the non-calling of Deputy Superintendent Musa Safri — then aide de camp to former prime minister Datuk Seri Najib Razak — was fatal to the prosecution’s case.

However, in early 2015, the appellate court’s decision was reversed by the Federal Court, which upheld the High Court’s decision.

Since 2006, Altantuya’s murder has grabbed headlines in the local and foreign media given the cruel and grisly way in which she was killed and the individuals alleged to be behind the heinous crime.

Also of great interest to many was the fact that the question of motive was never answered by the country’s highest court, the conviction notwithstanding.

Other than Azilah and Sirul, Abdul Razak Baginda — a political analyst close to Najib — was also charged with abetment to the murder but he was acquitted in 2008 by the High Court without his defence being called.

Now on death row at the Kajang prison, Azilah has requested for a review of the Federal Court’s verdict, and a retrial. His application was initially scheduled to be heard on April 20 but was postponed because of the Movement Control Order to contain the Covid-19 pandemic.

Najib, whom Azilah in a sworn affidavit alleges to have ordered Altantuya killed, has applied to intervene and to be a party in the hearing. The Edge has learnt that the application will proceed on Tuesday at the Federal Court.

Najib is not on trial here. He has steadfastly denied any involvement in Altantuya’s murder and even made a religious oath to that effect. His main interest in intervening in the review is to clear his name, as the Pekan member of parliament continues to deny any involvement in the murder, which took place when he was deputy prime minister and defence minister.

Azilah in his statutory declaration (SD) affirmed in Oct 17 last year, seeking a review and a retrial, claims that at the time in 2006, Najib had told him in Pekan that he was worried that certain information relating to national secrets and national security assets was being endangered by a foreign spy who had twice been to Malaysia.

“Najib claimed the woman — a foreign spy (Altantuya) — is a threat to national security. She is full of deception and among others, claims to be pregnant. She threatened to leak the country’s secrets that could threaten Malaysia’s national security, if her demands were not met,” his SD said.

He claims that Najib instructed him to carry out a covert operation to arrest Altantuya and to 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,’ Azilah said, adding that Najib had also used the throat-slitting gesture.

Azilah said he was asked to meet Abdul Razak in Ampang. When he asked Abdul Razak what were the secrets that could threaten the country’s security, he was told they included details of Malaysia’s security assets, and the personal relationship between Najib and Abdul Razak “with that foreign spy”.

“According to Abdul Razak, Musa had suggested my name to the DPM. I told him that this matter must be made known to my superiors at UTK but he told me this was a directive from Najib. He said that the operation had to be carried out secretly and most importantly, it must be carried out soonest without public knowledge.

“I then suggested Musa to inform my superior in UTK or at least my commanding officer (CO), because my instructions must come from my commanding officer. I also told Musa that he was not my CO. Musa said that this covert operation is not to be known to the CO as I was now under his (Musa’s) orders and that his instructions came directly from the DPM (Najib).”

Azilah claimed he was comforted by Musa’s assurances and convinced “the covert operation was important because it involved the country’s security”.

He said since Sirul was the “standby driver” at the office on that day, he told him about the covert operation, including his meeting with Musa and Najib in Pekan, and instructed Sirul to obtain explosives from the UTK armoury as “the target” was already in Kuala Lumpur.

Azilah recalled having previously seen Altantuya at a meeting with Najib and Abdul Razak at a London condominium lobby. “At that time I was directed to wait in the lobby of the condo where the three returned later. The DPM (Najib), Razak Baginda, and the woman came out of the elevator. I continued to escort the DPM and Razak Baginda out of the condominium but the woman did not follow.”

On Oct 18, he said, Altantuya was picked up at Abdul Razak’s Bukit Damansara home, and that private investigator, P Balasubramaniam, whom Abdul Razak had hired, was also present.

“Before Altantuya was killed, she informed me that she knew that it was ‘Mr Razak’ who sent me and Sirul to kill her. When I asked her who she meant by ‘Mr Razak’, the woman replied: ‘Deputy Prime Minister.’ She also told that she was pregnant,” Azilah added.

He said he immediately telephoned Abdul Razak to inform him that the covert operation had already been carried out, and the latter replied “OK.”

“I also tried to contact Musa and Najib via telephone but both could not be reached. Abdul Razak told me that he would inform them,” Azilah said in his SD.

Musa later informed him that Najib was very happy about the successful operation. Subsequently, Najib came out of his house to shake Azilah’s hands, and say “Congrats” and “Thank you”.

However, Azilah was later arrested by the police; Sirul and Abdul Razak were picked up several days later.

“Indeed, I am willing to die and give my life for my beloved country. I would not have gotten Sirul involved in this covert operation unless I had obtained permission from Najib, Abdul Razak and Musa.

“If I am allowed to defend myself, and give evidence on oath in any criminal and or civil case involving the murder of Altantuya, I will give a detailed explanation of this case in my evidence,” he vouched in his SD.

The Federal Court is scheduled to hear the review on Dec 8, after a number of postponements from the initial court date of April 20.

Azilah’s lawyer J Kuldeep Kumar must convince the bench under Rule 137 of the Federal Court Rules that it has the inherent jurisdiction to overturn its earlier decision on Jan 13, 2015 to prevent an injustice or to prevent an abuse of the court process in earlier convicting Sirul and Azilah of the offence.

In 2009, when making his defence in the High Court, Azilah had elected to testify under oath from the witness stand, but had not then disclosed what he now affirms to be the truth in his SD. He told the High Court that he was elsewhere at the time of the murder but could not prove it.

Sirul gave unsworn testimony from the dock and claimed he had been made a scapegoat by the authorities when they found Altantuya’s jewellery in his house. He was not present when the apex court delivered its verdict in 2015, and was arrested several days later in Australia, where he is currently being held.

Azilah’s SD last year prompted another round of investigations by the police.

Before his motion is heard, the court will hear Najib’s application to intervene in the criminal proceedings.

On March 17, during the last case management, Kuldeep Kumar indicated he would oppose Najib’s application to intervene as well as the prosecution’s application for an extension of time to file an affidavit to oppose Azilah’s review.

It is worth noting that Chief Justice Tan Sri Tengku Maimun Tuan Mat will not be part of the panel hearing the review given that she had written the appellate court judgment that acquitted Azilah and Sirul, deeming the prosecution’s failure to call Musa as fatal to its case.

As such, the revision hearing is likely to be presided by others in the chain of command such as Court of Appeal president Tan Sri Rohana Yusuf, Chief Judge of Malaya Tan Sri Azahar Mohamed or newly appointed Chief Judge of Sabah and Sarawak Datuk Abang Iskandar Abang Hashim.

There are two other cases pending. One involves Altantuya’s father, Shaariibuu Setev, and her children, who have filed a RM100 million civil suit against Azilah, Sirul, Abdul Razak and the Malaysian government. Hearing has started, but has been disrupted by Covid-19 movement restrictions. According to a Bernama report, it is fixed to resume on Jan 11 to 15 next year.

Najib his wife Datin Seri Rosmah Mansor and six others had also faced a RM3 million lawsuit by Balasubramaniam’s widow, A Santamil Selvi, and their three children for losses suffered following their forced exile to India for nearly five years after Bala was purportedly forced to retract his SD of July 1, 2008 on certain facts relating to Altantuya’s murder. Bala died of a heart attack in 2013.

In November, all eight defendants successfully set aside the suit by Santamil Selvi when the Federal Court dismissed her application for leave to appeal against the appellate court’s decision to strike out her lawsuit.

Save by subscribing to us for your print and/or digital copy.

P/S: The Edge is also available on Apple's AppStore and Androids' Google Play.