As such the prosecution will file an appeal on the acquittal of Azilah and Sirul Azhar by the Court of Appeal for the murder of Mongolian national Altantuya Shaariibuu.
"While respecting the Court of Appeal, the Attorney-General's Chambers, for the prosecution, is dissatisfied with the decision as non-direction or misdirection by the trial court is not the fault of the prosecution.
"As far as (Najib's former aide) DSP Musa Safri (is concerned), we maintain that his testimony had no relevance at all as the whole narrative of the prosecution's case had been unfolded in the trial below. Hence, an appeal to the Federal Court will be filed," Gani said in a statement.
In overturning the High Court's conviction this morning, the three-member Court of Appeal bench said that among the misdrections was the failure to call Musa to testify.
The AGC's statement comes after Karpal Singh, who is representing Altantuya's family in a RM100 million civil suit, said the plaintiff would call Musa and Najib in their suit.
"We will call Najib and also Musa to link the circumstances leading to Altantuya's death. Musa could not have acted on his own in this matter. There is still a chance of establishing guilt on somebody's part," Karpal had said.
Sirul and Azilah were at the time of the murder part of an elite squad assigned as bodyguards to then PM Abdullah Ahmad Badawi and his deputy Najib. Musa was the duo's superior in that squad.
Also charged with abettment in the murder was Najib's close associate Abdul Razak Baginda, but Abdul Razak was acquitted in 2008 without his defence being called.
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