Tuesday, August 27, 2013

So, who killed Altantuya? - Is it just a case of prosecution incompetence or what?

Is it just the incompetence of the prosecution? Yes, it is the prosecution who has the duty to prove that a person is guilty of a crime beyond reasonable doubt. But, in some cases, one wonders whether it is just simply a question of negligence or incompetence that they fail in this duty, or was in intentional. Are third parties interfering, and preventing prosecution officers from doing what they would have normally done? Or is it just a case of negligence? 

Remember, once a person is charged, tried and acquitted - he cannot be charged again for the same offence, it is called Double Jeopardy. And that makes one wonder whether these failings of prosecution is intentional?

Tan Sri Eric Chia Eng Hock was wheeled out of the Kuala Lumpur court complex a free man after he was acquitted by the Sessions Court here of committing criminal breach of trust 13 years ago involving RM76.4mil.,,, 
Akhtar said the most glaring setback was the prosecution’s failure to call two material witnesses, who would have been able to confirm whether payment was needed for the technical assistance agreements (TAA) signed between Perwaja Rolling Mill Development and NKK Corporation.
He said former Perwaja company secretary R.R. Durai Rajasingam, who was involved in all Perwaja’s contracts, would have known the actual contents of the TAA....“Yet the prosecution never called him. The question is why?...The judge also questioned the prosecution’s reluctance to call the five Japanese witnesses, including NKK Corporation, Japan, director N. Otani, who was present at the signing of the TAA in Japan in 1993....He said the prosecution failed to lead any evidence to show fabrication of that document, which it contended.- Star, 27/6/2007, Eric Chia acquitted of CBT

Former land and cooperative development minister Tan Sri Kasitah Gaddam was acquitted and discharged by the High Court here of committing corrupt practice and cheating involving shares belonging to the Sabah Land Development Board (SLDB) in 1996.... Justice Suraya said the failure of the prosecution in not calling six board members who were present in the meeting was detrimental to the case as it had created a big gap over the question of whether the board members were actually cheated by the accused..- Star, 13/8/2009, Kasitah freed of corruption charges

And now, in this Altantuya case, we  

While the Court of Appeal last Friday detailed the non-calling of Najib Abdul Razak's aide-de-camp DSP Musa Safri as a factor in acquitting the two Special Action Unit officers, the written judgment also states that the second accused, Sirul Azhar Umar, could have been framed. - Malaysiakini, 26/8/2013, Court: Sirul could have been framed for Altantuya murder
We have been talking about Judicial Reforms, maybe it is time to talk about prosecution reforms - maybe, we need to place safeguards to ensure independence of prosecutors.

So, who killed Altantuya? And why?


August 23, 2013
Latest Update: August 23, 2013 01:49 pm
Seven years on, no one has paid the price for the death of Altantuya Shaariibuu. And no one knows why the pretty Mongolian was killed one night in October 2006.

But today's Court of Appeal decision does not close the file on her mysterious murder.

Instead, the ruling to acquit former chief inspector Azilah Hadri and former corporal Sirul Azhar Umar raises more questions than ever.

Who killed her? Why?

She was shot dead and C4 explosives were allegedly used to blow her to bits but both police commandos said they had no access to the explosives. So what happened? Were there others involved?

She came into the country but there were no immigration records with her name. Did she use another passport? Can the authorities explain this?

Some of these questions could have been answered if the likes of DSP Musa Safri had been called to give evidence.

The prosecution did not call him and the appeal court today allowed the appeal because material witnesses were not called to testify, including Musa.

Musa would have been able to say what sort of help political analyst Abdul Razak Baginda had asked of him to fend off Altantuya.

The interpreter had become Abdul Razak's lover but later hounded him. He had to hire private investigator P. Balasubramaniam to keep watch on her. When Altantuya turned up that fateful night on October 19, 2006, the policemen took her away and that was the last time she was seen alive.

What followed rocked Malaysia's political establishment. Abdul Razak was held in connection with the murder and both police commandos Azilah and Sirul were later charged for Altantuya's murder.

Their connection to each other was simply Musa, who was aide-de-camp to then deputy prime minister and defence minister Datuk Seri Najib Razak.

Now prime minister, Najib has denied any links to the case although Abdul Razak was closely associated with him. Will today's ruling provide closure for him too?

Will it also provide closure for Abdul Razak, who was the first to be acquitted of conspiring to kill Altantuya? He had admitted to fending her off but not asking for her death.

Interestingly, the prosecution never appealed his acquittal.

But the prosecution has said it would appeal today's ruling that freed Azilah and Sirul, both of whom were hooded and shielded from public view during their 159-day murder trial.

That again raises more questions. And endless possibilities. - August 23, 2013, Malaysian Insider, So, who killed Altantuya? And why?


charleskwi said...

We all know who killed her and we also know that we are in Malaysia where everything and anything can happen. We don't even have to speculate, who would have the power to obtain the C4 from the country's arsenal, excess the records of the immigration and worst of all to have the records deleted without a trace ! All these were done without any question or even try to find out who was right behind the whole incident ! You don't even have to be a secondary school child to make a right guess.

This is especially so when you have the right connection plus also the means to live away from Malaysia after the crime has been committed. When no one can touch you and even if they do, the connection can arrange for you to be so incompetently prosecuted that you can literally and legally get away with murder.
This is Malaysia !

LaM said...

This is what part of the judgment says,
"On the night of 19.10.2006 when the deceased came to the house
of the 3rd accused, she was taken away in a car driven by the 1st
appellant together with the 2nd appellant and SP7 in the said car. Later, at Bukit Aman, the deceased was last seen in the car of the 2nd

Q: Was there any evidence from both Sirul and Azilah, what happened to Altantuay after they have kidnapped her? To whom Altantanyu was handed to. The evidences showed that Altantuya was at all material times under their control and custody...until the 2nd accused showed the police where her detonated bodies were.

I think the Judges must be loco...when considering the evidences of alibi of the 1 accused when Altantuya was at all times in his custody.

Unknown said...

Charles Hector, a senior legal practitioner and member of the Malaysian Bar, succintly sheds pertinent light on the brutal killing/murder of Altantuyaa Sharibuu from the legal and human rights viewpoint per se. As far as I'm concerned, the right of life, liberty and security of person under Art. 3 of the Universal Declaration of Human Rights is a jus cogens norm and that right is enshrined under Art. 5(1) of our Perlembagaan Persekutuan, the supreme law of the land. Keep up the good work. The beneficiaries and masterminds of this gruesome crime must not go unpunished.

Hakimi bin Abdul Jabar
83000 Batu Pahat, Johor
7.21 a.m.