Next: Court process on Sirul's extradition

 

Following his arrest in Australia, former police commando Sirul Azhar Umar will have to undergo a court process before a decision is made on his possible extradition to Malaysia.

Queen's Counsel Mark Trowell said Australian law dictates that Malaysia must make a formal application for an arrest warrant.

The warrant, Trowell (left) added, would be issued only if the magistrate in Australia is satisfied that the person is extraditable.

"If the person is determined to be eligible for surrender then it falls upon the AG to decide whether the person should actually be surrendered.

“That's when the issue of death penalty becomes relevant," he added.

The extradition treaty between Malaysia and Australia is not valid in Sirul's case as Australia does not recognise the death penalty.

Sirul and another form police Special Operations Force officer Azilah Hadri were last week sentenced to death for the murder of Mongolian national Altantuya Shaariibuu.

While Sirul was absent, Azilah, the first accused, was present in court.

The Malaysian government had earlier said it would consider filing an application in Australia for Sirul to be extradited.

His lawyers have vowed to challenge this.

Inspector-General of Police Khalid Abu Bakar (right) told Malaysiakini today that he would consult Attorney-General Abdul Gani Patail before deciding on the next step.

Previously, Trowell had said that Australia would extradite Sirul if Malaysia reconsiders the sentence against the 43-year-old and changes it to life imprisonment.

"Unless Malaysia undertakes not to execute him, we will not send him back. For example, if it undertakes that he will face life imprisonment only," Trowell noted.

Sirul was arrested in Brisbane last night by immigration officers and an email sent by the Immigration Department to Malaysiakini described Sirul as an "unlawful non-citizen".

It remains unclear whether Sirul had entered Australia legally or if he had overstayed an initial visa, prompting action by the country’s immigration officers following the Interpol red notice posted yesterday.