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Tuesday, 15 September 2009

Altantuya’s dad to proceed with suit

The Star

SHAH ALAM: The father of murdered Mongolian Altantuya Shaariibuu has withdrawn his application for a review of the Public Prosecutor’s decision not to appeal against the acquittal of political analyst Abdul Razak Baginda.

However, Dr Shaariibuu Setev’s lead counsel Karpal Singh said his client would go ahead with a RM100mil civil suit against Abdul Razak, the Malaysian Government and two others who would be mentioned at the High Court here on Nov 25.

High Court Judicial Commissioner Hinshawati Shariff then struck out the application without costs yesterday.

Earlier, Karpal told the judge that his client had asked him to withdraw the application after being advised that there were two case laws binding the High Court on the Attorney-General’s discretion as Public Prosecutor.

He said Article 145(3) of the Federal Constitution had also given the power to the Attorney-General whether to proceed or not with the appeal.

He then asked the court to set aside an earlier order to strike out the application from Senior Federal Counsel Datuk Kamaludin Md Said, who said he had been informed of Dr Setev’s intention in an e-mail from the Mongolian consular department.

Lawyer K.K. Wong, representing Abdul Razak, did not object.

Shah Alam High Court judge Justice Mohd Zaki Md Yasin had acquitted and discharged Razak, 49, without calling for his defence on Oct 31 last year for a charge of abetting in Altantuya’s murder.

Lead prosecutor Tun Abdul Majid Tun Hamzah later announced that it would not appeal as the court had made a finding of fact in its decision.

Police Special Action Force members Kpl Sirul Azhar Umar and his co-accused Chief Insp Azilah Hadri were found guilty of the murder.

Outside the courtroom, Karpal Singh told reporters that he would appeal to the Government to settle the matter out of court.

“The Government should accept responsibility as Altantuya was murdered here.
“It is my view that the Government is liable to pay damages as two

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