For the latest post on DAY 4 (21st June 2007) of the current Trial
Go H E R E On.......
MORE PICS & Video – Day 4-Altantuya Murder Trial; She Came Twice -2006 to see a Baginda; had an affair; Abdul Razak - No Instructions to kill or harm her
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End of UPDATE for this Post (overloaded), please continue.... H E R E (PART 5)(PART 5) on
MORE PICS-MURDER Altantuya Shaariibuu-TRIAL ON 10 MAR 08; NO BAIL Abdul Razak BACK To JAIL; BONE FRAGMENTS Collected; Grand Funeral- in Mongolia By Father
= = NOTE: If you are reading this saga 1st time, Go to Part I h e r e & continue to Part 2 & 3 & 4 in the given links
UPDATE: Jan 05 2007 , Friday, 12:50pm; TRIAL Fixed on March 10 2008 (yes 14 months from now). The reason is the judge has a backlog of 135 cases on hand. So 1st come, 1st served. It will be another WWW for his 4 weeks trial. He is BACK on R E M A N D and to Prision as oral application by Lawyer for Bail was rejected.
===========UPDATE: January 05 2007; 19:15 pm; MORE pictures to come anytime..........
ABOVE and BELOW: Malaysiakini updated version about failure to extend bail, no written application so 2 weeks more in prision until bail hearing on 19th Jan 2007
January 05, 2007 13:13 PM
Razak Baginda's Murder Case Set For March Next Year
ABOVE: An overweight Abdul Razak Abdullah (hands cuffed behind) arriving escorted by his wife (the strain can be seen on her face) and trailing behind were his father and daughter. After today's hearing he was led back to prison
= = = == = =SHAH ALAM, Jan 5 (Bernama) -- The case involving political analyst Abdul Razak Baginda who is charged with abetting the gruesome murder of Mongolian model Altantuya Shaariibuu has been fixed for hearing for four weeks from March 10 next year. Razak, whose name is stated as Abdul Razak Abdullah in the charge sheet, was later led to prison after High Court Judge Datuk K.N. Segara refused to entertain an oral application from Razak's lawyer Wong Kian Kheong that his client be released on bond surety.
Segara later ordered Wong to file an official application for the purpose. On Dec 14 last year, the Shah Alam High Court allowed Razak to be released on a RM1 million court bond with two sureties after he claimed trial to a charge of abetting the 28-year-old Altantuya's murder. A condition was imposed on the bond - he had to deposit cash or securities worth RM1 million. The bond matures today.
ABOVE: A side view capture when leaving
Razak is accused of abetting C/Insp Azilah Hadri, 30, and Kpl Sirul Azhar Umar, 35, to commit the murder, which ended with the body of Altantuya being blown to bits with explosives. Her remains were found at a forest area in Puncak Alam, near here, on Nov 7. He allegedly committed the offence between 9.54am and 11.05am on Oct 18 at Level 10, Bangunan Getah Asli, Jalan Ampang, here. This is the official address of the Malaysian Strategic Research Centre, which Razak heads. He is charged under Section 149 of the Penal Code, read with Section 302 of the same Code which carries the mandatory death sentence, if convicted. Azilah and Sirul Azhar, both from the Special Action Force (or better known as Unit Tindakan Khas) in Bukit Aman are accused of killing Altantuya in an area at Lot 12843 and Lot 16735, Mukim Bukit Raja, Selangor between 10pm on Oct 19 and 1am on Oct 20 last year.= = = = = = =UPDATE: Jan 05 2007 , Friday, 12:50pm
ABOVE & BELOW: Malaysiakini Headlines just before 11.00 am this morning, Jan 05 2007; their breaking news.
STAR, Friday January 5, 2007
Altantuya Shaariibuu murder trial hearing on March 10, 2008
PETALING JAYA:The date for the hearing of the Altantuya Shaariibuu murder trial has been fixed for March 10, 2008, by Shah Alam High Court judge Justice K.N. Segara. Meanwhile, the RM1mil bail for political analyst Abdul Razak Baginda, who is charged with abetting in the murder of the Mongolian beauty, expires today. There has been no formal application yet from his lawyer for it to be extended= = = = == = ==
UPDATE: Dec 19 2006 , Tuesday, 22:30pm
Malaysian Paper “The STAR” Denied Defamatory Stories about Altantuya Shaariibuu MORE Sagas of High Profile Cases from the “MALAYSIAN BOOK Of Murder Records” & ALL Same Verdicts - Justice served - When there are arrests; motion of a trial, convictions & then set free.
They were the DPM's bodyguards, says Anwar Ibrahim
KUALA LUMPUR (Sun , Dec 17, 2006): The two Special Action Force policemen charged with the murder of the Mongolian woman, Altantuya Shaariibuu, were the Deputy Prime Minister's bodyguards, said Datuk Seri Anwar Ibrahim. He also said that the C4 explosives used can only be obtained with permission from the Ministry of Defence. "I don't want to accuse anyone but am just stating the facts."We can't accuse but we can ask questions, there is nothing wrong with asking questions."We must make sure justice is served as no one is above the law."Right now, instead of the rule of law, it seems like we are ruled by the law of the jungle," the Parti Keadilan Rakyat special adviser said in his speech at a party rally at an open field in Seri Melaka Flats in Cheras. Close to 5,000 supporters, including parents with their young children, sat under the stars listening to Anwar and senior party members. "I came just to hear Anwar speak, we are sick of UMNO. We will teach BN (Barisan Nasional) a lesson in the next elections."Mereka (BN) dah melebih (They have gone overboard)," said an elderly taxi driver who lives in Petaling Jaya.
= = = = =Exclusive from:
(Bangkok, 19 December 2006) The newspaper journalist from The Star, who went to Mongolia, to write the story on Altantuya Shariibuu, denied that his newspaper was involved in paying journalists there to write defamatory stories on the deceased.
Eddie Chua, in a telephone interview with me, said that The STAR had no reason to be involved in such an act, nor was it interested in the matter. [The STAR’s political master is the MCA, the Chinese based political party in the Barisan Nasional, alongside UMNO].The interview came following numerous queries and speculation that Chua and The Star had paid a Mongolian based newspaper, Zindaa, after news about it, written by women activist and consultant, Undarya Tumurkush (see below) was published in this blog.
Ulanbataar, the Capital of land-locked Mongolia
Chua, who spent 5 days in Ulanbataar during the height of the murder case in October, said to his knowledge, only the STAR and one other newspaper, the China Press, were in Mongolia to investigate about Altantuya’s case. “I am only interested to find out more about her (Altantuya). There were so many stories about her. People do not know who is Altantuya, her background, etc” he said, from Kuala Lumpur. “I faced a lot of difficulties there (because the place is new to me), but the modelling fraternity helped me a lot,” he added. Although the modelling agencies were helpful to Chua, it turned out that Altantuya, as reported by all the newspapers when the story hit the press, had never been a model.
Altantuya, was reported to have been a professionl translator, who spoke several languages, including English, Russian and Chinese. She was reported to have been hired by the accused, political analyst, Abdul Razak Baginda, to be a translator in meetings of weapons trade and arms deal. Chua also denied any knowledge about the newspaper Zindaa. Zindaa, through an internet search, is reported to carry articles that contradict national security and unity, and have grossly misused reputation of many political and social figures. Chua said he only had contact with The Mongolian, a daily newspaper in Ulanbataar. However, the press in Mongolia did not carry much stories about Altantuya, he added.
“The ones (stories) they carried were mostly sourced from Malaysian newspapers,” he said. Meanwhile, Chua said the Mongolian media was highly restricted by the government. “I was accredited and endorsed by the government. We wrote to the Foreign Affairs and I was given a pass by the Ministry of Foreign Affairs. They ran a check on me. “Without a pass, no reporter can go around knocking on anyone’s door for interviews. People would ask to see the accredition pass”.
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Well, if it is not The Star, who did it then? Who was so eager to paint Altantuya in a bad light? To make her look as if she was persecuted for her immoral behaviour? And if she had never been a model in the first place, why did the police feed the local newspapers such information? Until today, I noticed that some foreign newspapers still label her as a model. For example, this (M’siakini). So far, Zindaa had not denied the allegations by Tumurkush
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.and the Saga continues from; from Malaysia Today; Posted by: Raja Petra
16/12: ‘Believe it or not’: high profile murders Malaysian-style
THE STRAIGHT TIMES; Ibnu Hakeem
Often we get upset at Hollywood movies which portray those of the Third World as bumbling idiots, their police as corrupted, and their leaders as scheming plotters. The people are not left out either. They too are portrayed as childish simpletons with little semblance of civilised behaviour. Hollywood fiction of course often reflects reality but is it not the saying that truth is stranger than fiction? One area where Malaysia outdoes Hollywood’s imagination and puts even Hollywood scriptwriters to shame would be the high-profile murder cases that have rocked this country through the ages. Many probably do not know about, or were born long after, the Samad ‘Gol’ murder in Kelantan. In full view of thousands as he was giving a talk at a public rally (ceramah), an assassin walked up to him and split his head open with a kapak kecik (small axe), killing him instantly.
Then we had the Mokhtar Hashim case, the Deputy Minister of Youth who was convicted of disposing his political rival in a most bizarre manner that was never fully revealed in the trial because it smacked of the occult. And probably the most high profile case of all was the Mona Fendy case where, in this instant, it was a case of a politician seeking superpowers gone awry when the charm that would make him invincible failed to work in the test that was conducted to prove that nothing could harm him. Anyway, those are all too far into the past and even if they do ring a bell they are probably lost from the minds of those who had already been around during the time. Nevertheless, whether those of the past or of the present, they all share one thing in common -- all are mysterious in natured.
And in the course of the investigation or the trial, many questions remained unanswered, up to today, no different from the John Kennedy assassination. In November 1988, there was a high-profile murder of a young woman by the name of Mustakizah Jaafar. According to the press reports, Mustakizah was hacked to death by unknown assailants. Mustakizah was a pretty woman who owned a video rental business in Melaka. She was rumoured to have been pregnant at the time of her death and many believe she was having an affair with a VIP close to the very top echelons of power. 11 years later, in Lim Kit Siang’s speech at the launch of the Barisan Alternative Joint Election Manifesto just before the 10th General Elections in November 1999, he raised the matter of Anwar Ibrahim’s testimony during his ongoing trial. “Public credibility of the Barisan Nasional government reached a new nadir when the Kuala Lumpur High Court on Friday heard the explosive testimony of former Deputy Prime Minister and Finance Minister,
Datuk Seri Anwar Ibrahim, who accused some of his former Cabinet colleagues of a high-level conspiracy to oust him from office….That Megat Junid’s involvement in the conspiracy to topple him stemmed from the time he enquired about Megat’s alleged involvement in the murder of a woman called Mustakizah and his constant gambling in the office,” said Kit Siang. Then we have the murder of the Raja di-Hilir Perak’s second wife, Hasleza Ishak, in 2002. Four men were arrested, tried and jailed for the murder. One was a palace aide, the other a bomoh, while the others were a fisherman and a carpenter. The trial never really established what the motive was, especially for the carpenter and the Indian fisherman, to kill the second wife of the Raja di-Hilir of Perak. It became very obvious that there was a conspiracy or plot to kill Hasleza and that they were acting under instructions.
Yet no one was arrested and charged for being the mastermind behind the whole affair. Why? The palace aide and the bomoh have since been acquitted and released after spending three and a half years in jail. The other two had their jail sentences reduced from 20 years to 14. Prisoners usually serve only two-thirds of their sentences after which they get a one-third remission, so they may only serve about nine years or so. Since the murder took place in 2002, the two convicted killers may walk free in 2011, five years from now.
After that, another high-profile murder case was that of Norita Shamsudin in 2003. An innocent man, Hanif Basree, was arrested and charged with her murder but from day one Hanif began to appear more and more like a patsy -- someone who was getting hit with a bum wrap. It was clear from the beginning of the trial that Hanif would walk free. There are many things that were really strange about that case -- among them were TV news reports on 14 December 2003 saying that the IGP at that time, Datuk Seri Mohd Bakri Omar, had classified the case under the Official Secrets Act (OSA). Norita had been found murdered in her rented apartment in Sri Hartamas where her body was discovered by her roommate.
According to the court testimony, two police detectives were the first to arrive on the scene and immediately closed the room door and were alone with Norita’s body for more than two hours. The full police investigating team only arrived later. Her roommates testified in court that they first found Norita lying spread-out, but after the two detectives left she was found with her hands tied behind her back. This type of conflicting testimony implies that the crime scene had been tampered with. But why? The two detectives were never called to the court to testify. Why again? By not calling these two police detectives, the prosecutor was actually ‘throwing the case’ -- in other words, providing avenues for an easy win for the Defence.
Norita’s handphone was found and she was believed to have made or received phone calls to and from a VIP on the night that she was killed. These phone calls may have thrown more light on the circumstances surrounding the murder. But the Public Prosecutor never adduced Norita’s phone records in court. By not providing this type of important evidence, it meant that the Public Prosecutor was, again, ‘throwing’ the case. Hence, Hanif Basree walked free without even the need for his defence being called.To summarise, an innocent man was arrested, then put through the motion of a trial, then set free. Justice had been served. But more importantly, the case is now closed. After two weeks, everyone forgets about it and life goes on, until the next high-profile murder.
And now, in 2006, we have yet another high-profile murder, that of Altantuya Shaaribuu, a 28 year old Mongolian woman who was first shot, and then blown to bits using C4 plastic explosives. People who know about C4 say that enough of it was used on Altantuya to bring down a four storey building.
ABOVE: Did the force "burnt the trees around the area right up to the tree tops"??? BELOW: Crime scene, Was there enough C4 "to bring down a four storey building.?". Why NO Crater can be seen? NB : All photos are added in this report for "clarity". Be your own judge! ‘Believe it or not; when salt, spices & fire are added in - it gets extra HOT
The force of the explosion burnt the trees around the area right up to the tree tops. Where and how did they get the C4 explosives? Who has the authority to issue C4 explosives in such large quantities? She was first shot to terminate her life. It was obvious that she was then blown up to erase any traces of her body. Obviously just burying her was not enough to hide what they wanted to hide. Hence there is much speculation that, just like in the case of Mustakizah, Altantuya is believed to have been pregnant when she died.
Blowing her to bits would make detection of the foetal DNA (and thereby the baby’s father) quite impossible. Two UTK personnel, Azilah Hadri and Sirul Azhar Umar, and Abdul Razak Baginda, a political analyst closely identified with Deputy Prime Minister Najib Tun Abdul Razak, have been charged with her death. Another policewoman, whose involvement in the case included the use of her car to abduct Altantuya, has not been charged. Why? This particular policewoman is also believed to be the personal escort and bodyguard of another high-level VIP.
When the case came up for hearing at the Shah Alam High Court on 14th December, the Deputy Public Prosecutor, Salehuddin Saidin, created further confusion when he declared that no one else other than the three people indicted for the murder are involved. But isn’t this for the Court to decide? If the Court finds all three innocent, then someone else has to be the murderer. If the Court finds all three guilty, it does not mean that others were not involved. And why was the policewoman not charged with at least abetment in the abduction of Altantuya?
The withdrawal of high-profile lawyer Dato Shafee Abdullah as the Defence counsel is also strange. Shafee had declared to the media that Razak Baginda is innocent. Other peculiarities in this case are that the accused were first remanded in the Kuala Lumpur Sessions Court when the offence was committed in Shah Alam. Then Razak Baginda was released on ‘no bail’ – i.e. bail was set and allowed but no bail money was actually paid. Again, this was done in the Kuala Lumpur court, not in Shah Alam.
But just like Hanif Basree in the Norita Shamsudin case, the ‘pliant’ mainstream media is already portraying Razak Baginda as a nice guy while Altantuya is the ‘naughty girl’ with a clouded past. Now let’s see how the trial is going to be conducted. Will all the important evidence see the light of day in court? Will all important witnesses be called to testify in court? Was there a foetus and will the identity of the father be known?
And finally, will this case also be ‘thrown’ like the many other high-profile murder cases before this? It may well be that, just like Hanif Basree, Razak Baginda is also innocent. In that case he will walk a free man. As for the supporting villains in such murder cases, well, so far no one has been sentenced to death in any of the other high-profile murders we have talked about above. Before you know it, Hasleza’s killers will be free from jail. But most important of all: the case will be ‘closed’ and Malaysians will move on to talking about others things like the recent increase in toll charges or the expected increase in fuel prices early next year.
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UPDATE: Dec 17 2006 , Sunday, 4:20am MORE SHOCKING Revealations & Details on Altantuya Shaariibu – Work as Razak’s professional translator & interpreter In Weapons Deals; Came here to seek payment; Personal Errings Etc -Policemen HOMES; Immigration Records Erased; Soap Samples Sent by Baginda as a business proposition to Altantuya in July, 2005
Mongolians Demand Justice from the Malaysian Court Article By Undarya Tumursukh, written on 9 December, Published in Ulanbataar:, Mongolia
Undarya said that evidence strongly suggests that Altantuya’s murder was planned well ahead of her arrival in Malaysia on October 6, 2006, and performed by highly trained officers from the ministerial security detail by the order of a licensed weapons dealer and high-level political analyst Abdul Razak Baginda and/or his accomplices. Although Mr. Baginda had been arrested by the Malaysian police upon charges of commissioning the murder of Ms. Altantuya along with the 2 security officers and a woman corporal implicated in the crime, he has been released on bail by the Malaysian court until he is tried for commissioning the murder on December 14, 2006.
Due to his release and the intensive defamation campaign launched by the Malaysian media against the victim, the victim’s family and Mongolian human rights activists are deeply concerned that the Malaysian Court, scheduled for December 14, 2006, may not proceed justly and impartially. Mongolian civil society organizations have therefore launched an urgent action to demand that the Malaysian Government ensure that the court brings to justice those responsible for Ms. Altantuya’s murder and ensures that her 2 young sons are duly compensated for the psychological damage they have suffered and the loss of their sole breadwinner.
Ante Factum: Sh. Altantuya, a beautiful young woman, a single mother of a 9-year old and a 3-year old, the eldest of two daughters of a university professor Mr. Shaariibuu and a Russian language teacher Ms. Altantsetseg, had impressive multilingual capacity. She was fluent in Russian, English, and Chinese and had a basic command of Korean and Japanese languages. She had worked hard and traveled extensively as a multilingual interpreter and translator, providing for her two sons and earning for the expensive medical treatment for her youngest son. At the birth of her youngest son, many were skeptical about his ability to survive and develop into a self-sufficient person.
However, due to Altantuya’s unrelenting dedication, the boy that was unable to move his limbs and make intelligible sounds, is now able to walk, freely use his hands and speak clearly. He demonstrates remarkable lucidity and excellent memory but his condition is still unstable and the boy continues to require regular therapy and two more trips to Beijing for expensive medical treatment. It is not only the boy’s motor functions but also his very life that depends on continued medical treatment.
Altantuya, young but tenacious, persevered to sharpen her skills and had achieved significant success in building her career as a professional translator and interpreter. As uncovered by her family after her death, Altantuya was repeatedly hired by Mr. Abdul Razak Baginda to interpret at various meetings and high-level business negotiations including ones on weapons trade. Moreover, there is clear evidence that Mr. Baginda had made a business proposition to Altantuya in July, 2005, and sent samples of three types of soap with accompanying documents and had requested the young woman to explore prices for comparable products on the Mongolian market. In October, 2006, Altantuya informed her parents she was going on a business trip to Malaysia and left in the company of another Mongolian woman. The father reported that the main purpose of her trip to Malaysia was to demand that Mr. Baginda settle the payment for her services. Immediately upon her arrival in Malaysia on October 6, 2006, Ms. Altantuya began her search for Mr. Baginda and repeatedly attempted to contact him. Her attempts had been unsuccessful until October 19, 2006, when Mr. Baginda himself suddenly phoned her and arranged to meet with her at his residence on the same day. Ms. Altantuya disappeared after departing to meet with Mr. Baginda. Her companion promptly notified the Malaysian police and her family in Mongolia.
Post Factum:
On November 11, 2006, the Malaysian police uncovered bone fragments of a detonated woman’s body from a jungle clearing outside of Kuala Lumpur. The fragments were identified as Ms. Altantuya’s based on a DNA analysis that used her mother’s blood sample, brought from Mongolia by her father Mr. Shaariibuu.
The Malaysian police investigations led to the arrest of two highly trained ministerial security officers, a woman corporal and Mr. Baginda. The victim’s Mongolian-made earrings and other personal items were found at the homes of the security officers. The police maintain that Ms. Altantuya was kidnapped by the security officers and the woman corporal at the moment she arrived at the residence of Mr. Baginda, taken to the pre-selected location, shot twice in her head, stripped to skin and detonated with explosives attached to her body.
It was also established that the record of her entrance into Malaysia on October 6, 2006, was erased from the Malaysian border control database, further pointing to high-level involvement in and careful preparation for the murder. On November 23, 2006, the Malaysian court ruled to release Mr. Baginda on bail despite the gravity of the charge against him. Mr. Shaariibuu, who sat through the court session along with the defense attorney Darshan Singh Khaira, stated that the court primarily focused on praising the respectability of Mr. Baginda and his family and showed no concern for the fate of the victim and her bereaved family.
The case received much media attention in both Malaysia and Mongolia. However, media reports overwhelmingly focused on the identity of the young woman, her marital history and lifestyle and sought to portray the victim as a poorly educated, frivolous and opportunistic free lance model who came to Malaysia to extort money from Mr. Baginda. Some sources have even denied that the victim had any business association with Mr. Baginda. These media accounts not only lacked any compassion for the victim and her family, or any understanding of and respect for the fundamental human right to life and dignity, but were also biased, inaccurate or downright false. Some Malaysian journalists traveled to Mongolia to collect interviews and reportedly paid the Mongolian newspaper Zindaa to help in the defamation campaign against the victim.
Zindaa newspaper has indeed been particularly active in publishing negative stories about the victim. The Malaysian Court is scheduled for December 14, 2006, but there is little confidence on the part of the victim’s family and concerned Mongolian people that the court shall stand by truth, justice and fundamental principles of human rights. The likelihood seems high that the Malaysian court shall allow those who ordered the crime escape justice while scapegoating the physical performers of the murder and fail to provide for adequate compensation to the victim’s children.
Need to Act:
The Mongolian State, bound by the constitution to protect the rights of its citizens inside and outside national borders, has been conspicuously silent. Altantuya�s case is not the first or the only one when a Mongolian citizen’s fundamental right to life was brutally violated in a foreign country. There are reportedly 120 thousand Mongolians living and working abroad, some legally and many illegally. The overwhelming majority of them are essentially outside of the Mongolian state’s protection and care, which makes them extremely vulnerable to violence, exploitation and humiliation. Moreover, during the course of searching for his daughter,
Mr. Shaariibuu discovered that there are some 20 Mongolian women held in pre-detention and detention centers in Malaysia. He stated that these are the lucky ones who were able to somehow escape their captors while the more unfortunate ones are still exploited for hard labour, sexual industry, or have had their body organs sold. Building the capacity and the political will of the Mongolian state institutions to respond effectively and efficiently to violations of human rights of Mongolian citizens abroad has therefore long become an urgent issue.
Due to consistent efforts of Altantuya’s father and support from human rights NGOs and activists demanding decisive action on the part of the Mongolian state, some improvements have come about. Thus, the Ministry of Foreign Relations has resolved to send an official representative to observe the December 14th court session. Moreover, Mongolian media has recently begun to address this case as a human rights violation that has broader significance for a large number of Mongolians who themselves or whose relatives work abroad. Consequently, media has begun to address some of the legal, institutional and political deficiencies due to which the Mongolian state has been unable to effectively protect its citizens.
The coalition of human rights, women’s rights and children’s rights NGOs and activists is further demanding that the Mongolian state provide financial support to send an experienced Mongolian lawyer to monitor the December 14th court session and take other measures to ensure the Malaysian court brings the guilty to justice and provides for adequate compensation to the victim’s children. The coalition has also addressed the Malaysian Government and Court demanding that they stand firmly for truth and justice. Furthermore, the NGOs and activists are calling onto the international community to help Mongolians to effectively monitor Malaysian court proceedings and pressure the Malaysian Government to fulfill its obligations under international human rights treaties. Mongolians demand and hope that December 14th becomes a Day of Justice, Truth and Humanity.
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Below is the letter to the Malaysian Government:
LETTER OF DEMAND
On October 19, 2006, Ms. Shaariibuugiin ALTANTUYA, a 28-year old Mongolian citizen, was brutally murdered in your country. This grave crime constitutes an outrageous violation of the basic human rights to life and bodily integrity enshrined in the Universal Declaration of Human Rights, which all member states of the United Nations have agreed to uphold. This atrocious crime can not be justified or pardoned under any circumstances. We, the representatives of the Mongolian public, decisively condemn this egregious violation of the human right to life and state the following:
1. We maintain that this brutal murder of Sh. Altantuya was a carefully pre-planned, commissioned assassination.
2. We strongly condemn the attempts that have been made to blame the victim as contrary to the basic norms of justice and humanity and maintain that there can be absolutely no excuses for such unspeakable brutality. We demand that the court to be held on December 14, 2006, proceed in an honest and impartial manner and stand firmly for truth and justice, and we shall carefully observe the court process on this date.
3. As it was established that the murder was committed by highly trained officers of the Malaysian state security corps, we demand that the Malaysian state assume full responsibility for the payment of compensation for all material and nonmaterial damage incurred by the crime.
4. As the brutal murder of the Mongolian citizen took place in your country’s territory and was committed by your country’s citizens, orphaning two young children, we demand that the Malaysian Government provide compensation for the loss of the breadwinner to the victim’s children, including support for the eldest son until he reaches adulthood and support for living and medical treatment costs for the youngest son for the duration of his lifetime, in compliance with the United Nations Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power adopted by the General Assembly Resolution No. 40/34 in 1985. Developments in Malaysia to date have made us concerned that the real criminals who ordered the crime may escape justice while the physical performers of the crime become scapegoats. Those who commissioned the abhorrent murder of Sh. Atantuya and their accomplices must not remain outside of the just court of the humankind. Therefore, the Mongolian public and Mongolian human rights organizations are waiting to attentively watch the Malaysian court proceedings. We respect the people and the Government of Malaysia. We do not doubt that the just public of Malaysia and Malaysian human rights activists shall support our just demand. We hope and believe that the Malaysian Government shall duly acknowledge and support our legitimate struggle and demand, which are based on the principle stated in the United Nations Covenant on Civil and Political Rights that Every human being has the inherent right to life. No one shall be arbitrarily deprived of his life. We believe Truth and Justice shall prevail!
By: Organizations and individuals in the Coalition of Human Rights, Women’s Rights and Children’s Rights NGOs and Citizens in Mongolia.
1. Mongolian Women’s NGOs National Network
2. Mongolian Volunteer Organizations network
3. �����- network
4. National Center Against Violence
5. Citizens Alliance Center
6. Sustainbale Development and Gender center
7. Pure Intention Women’s NGO
8. Gal Golomt Movement
9. Youth development Foundation
10. Image association
11. Women writers Tsagtsai association
12. Rural Women’s Development Foundation
13. Iveel association
14. Center Human Right Development
15. Creative women’s association
16. Ulaanbaatar city’s Women’s consul
17. Princess center18. Women and social progress association
19. Mongolian Democratic Socialist Association
20. Mongolian Nature and Women’s association
21. Protecting citizens from Drug and Alcohol association
22. Urban ger districts development foundation
23. Woman caption foundation
24. Mongolian businesswomen’s association
25. Mongolian women’s lawyers association
26. Liberal Women’s Intellectual Foundation
27. Democratic women’s association
28. High educated women’s association
29. Ladies XXI century
30. Child and women’s development center
31. Motherland, family and women’s association
32. Women’s justice association
33. Green Gold
34. Disability citizens right center
35. Mongolian Scout NGO
36. Gender equal right center
37. Mongolian women scout association
38. Equal way center
39. Youth mind Foundation
40. Mongolian child development and protection association
41. Preventing and protecting child from violence
42. Mongolian professional social worker’s association
43. Child welfare and service Gerelt center
44. Development Nisora foundation
45. One world- adolescent center
46. Mongolian Youth Development Foundation
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= = = = == =UPDATE: Dec 16 2006 , 7:20am
MORE Details - Altantuya Shaariibu's MURDER TRIAL; RM1 Million BOND In 2 BANK Passbooks Deposited; Karpal SinghWanted BONES & OBJECTED Request by New Counsel (a fromer DPP) to Reduce/withdraw Present Charge
Altantuya's parents want her bones back; 15 Dec 2006
SHAH ALAM: The family of Altantuya Shaariibuu wants bone fragments, in the possession of the police, to be returned to them. Karpal Singh, who is holding a watching brief for the family, made the request at the High Court. Karpal also objected to the representation made by Wong Kien Kheong to the Attorney-General to reduce or withdraw the charge that Abdul Razak Baginda faced.
At this juncture, Wong stood up and said Karpal was only holding a watching brief and had no right to address the court. Judicial Commissioner Datuk Mohd Zaki Md Yasin allowed Karpal to speak but only on the issue of bone fragments. Mohd Zaki then asked the prosecution when the bone fragments could be returned to the father. DPP Salehuddin Saidin asked for at least a week to allow police to carry out further examinations.
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Altantuya Murder: Abdul Razak's Wife, Brother Post RM1 Mln Bail; December 14, 2006 18:37 PM SHAH ALAM, Dec 14 (Bernama) -- The wife and elder brother of Abdul Razak Baginda who is charged with abetting the murder of Mongolian model Altantuya Shaariibuu, paid RM1 million as security deposit for the political analyst's release Thursday. Mazlinda Makhzan and Dr Rani Abdullah Baginda handed over two bank passbooks to court deputy registrar Rusiah Mohamad at 3.30pm.
ABOVE & BELOW: The elder brother in deep discussion with the parents on how the bond is to be "paid"
BELOW: Abdul Razak waiting patiently for the RM1 million bond to be paid before going home in a silver Mercedes Benz car
ABOVE: After the mention of the case, the Abdul Razak waiting for bond to be posted before leaving for home
Ten minutes later, Abdul Razak was seen smiling as he left the courthouse with his wife and 19-year-old daughter Roweena in a silver Mercedes Benz car. Earlier in the morning, Judicial Commissioner Datuk Mohd Zaki Md Yasin extended the bond with two sureties on Abdul Razak, 46, and ordered him to deposit RM1 million or securities with the same value for his release until Jan 5. He also retained two conditions imposed by Justice Datuk Abdul Kadir Musa of the Kuala Lumpur High Court on Nov 23, that Abdul Razak must report to the Brickfields police station once a week and surrender his passport to the court. In the previous proceeding, Judge Abdul Kadir allowed Abdul Razak to be released on a RM1 million bond with two sureties without security. The bond expired Thursday
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Razak Baginda out on bail, case to be mentioned on Jan 5
By Channel NewsAsia Malaysia Correspondent Melissa Goh | Posted: 15 December 2006 0007 hrs
SHAH ALAM : Prominent Malaysian political analyst Razak Baginda is free until January 5 when his abettment case next comes up for mention in a High Court. He had his bail extended after he managed to come up with a one million ringgit deposit. Razak Baginda is charged with abetting two police officers in the murder of a Mongolian model last month. Three weeks after he was released on unsecured court bond, the 44-year-old well-known political analyst was looking fresh (BELOW)
as he arrived at the Shah Alam High Court, accompanied by his family and lawyers. The two police officers, inspector Azilah Hadri and Corporal Sirul Azhar Umar, arrived later under heavy police escort.
ABOVE: Inspector Azilah Hadri and (BELOW) Corporal Sirul Azhar Umar
Their family members complained of double standards as the two officers weren't allowed bail. Under Malaysian law, both murder and abetment to murder are capital offences punishable with death and are non-bailable. But Razak Baginda who was said to be suffering from acute bronchitis was granted bail on health reasons. The decision raised eyebrows and lawyers representing the victim's family have voiced concerns.
"Personally I am a bit surprised because by Mongolian laws, for instance, this kind of case is non-bailable," said Bayar Budragchaa, a lawyer. And a senior official from the Mongolian ministry of foreign affairs had submitted a letter to Malaysian Prime Minister Abdullah Badawi seeking assurance of a fair trial amid widespread speculations of outside interference. To fend off speculations of third party involvement, the prosecution had requested for the joint murder trial involving Razak Baginda and the two police officers to be expedited. Razak's lawyer Shafiee Abdullah had been discharged for unknown reasons. Wong Khian Kheong, a former prosecutor, is now the lead counsel. The victim's father, Mr Shaariibuu, was said to have been hospitalised after his return to Mongolia. He had requested through his lawyer Karpal Singh for his daughter's bone fragments to be flown home as soon as possible. 28-year-old Altantuya's body was blown into bits by C4 explosives after she was reportedly shot execution-style near a jungle outside Shah Alam last October. The case will be mentioned again on January 5
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Lawyers Engage In Verbal Spat Over Cops' Counsel; December 14, 2006 20:40 PM
SHAH ALAM, Dec 14 (Bernama) -- A verbal spat erupted between two lawyers in the Abdul Razak Baginda's court proceedings over their appointment to represent two policemen accused of murdering Mongolian beauty Altantuya Shaariibuu.
ABOVE: The lawyer who appointed and discharged himself
Arguments broke out between Shaun Tan Kee Shaan( ABOVE) and Zulkifli Noordin, with the former coming to the court to maintain his stand that he was the counsel for the policemen, denying an allegation that he was never appointed to represent Chief Inspector Azilah Hadri and Corporal Sirul Azhar Umar. Azilah tried to address the court on the matter but was turned down by the judge. At one point, he was heard saying "I never engaged him". This prompted Judicial Commissioner Datuk Md Zaki Md Yasin to defuse the situation by telling Tan not to drag the matter since he had already discharged himself from representing the policemen. "I've an obligation to appear today to clarify my position. I was the counsel representing the policemen when they were charged in the Shah Alam High Court on Nov 15.
"Due to the situation and progress of the case, the two have appointed other lawyers to represent them. "Since I have no instructions from the two accused, I wish to put it on record to withdraw myself from representing them," he said, adding that he was obligated to come to court to clarify the matter. The court began with DPP Salehuddin Saidin introducing the prosecution and defence team.
He informed the court that Zulkifli and Juanita Johari were lawyers for Azilah and Kamarul Hisham Kamaruddin, Hasnal Redzua Merican and Ahmad Zaidi Zainal for Sirul Azhar. Then Tan addressed the court, saying he only wanted to see justice in this case and had no objection for Zulkifli taking over the case. Interjecting, Salehuddin urged the lawyers not to pursue the matter. However, the situation became tense when Tan produced a statement alleging that there was a conspiracy to prevent him from representing the policemen. Copies of the statement distributed to reporters outside the court also alleged that Zulkifli tendered two fake letters to the Kuala Lumpur High Court on Nov 23 claiming that Tan was never appointed by the policemen. At one point, Tan and Zulkifli were seen at each other's throat, ordering one another to sit down, prompting Zulkifli to say "not to turn the court into a circus".
Zulkifli (ABOVE) said the statement Tan issued to the media contained incorrect facts alleging that the letters he produced at the Kuala Lumpur High Court on Nov 23 stating that Tan was never appointed to represent the cops were fake. He then asked the court to make an order stopping the media from publishing Tan's statement and that the statement be expunged from the court's records but Mohd Zaki said he was not making any ruling whether the statement could be published or otherwise. The court also rejected Zulkifli's application to allow Azilah and Sirul Azhar to speak in court to state their stand on the matter. "You're making use of the court," Mohd Zaki remarked. Arguments ended after
Tan (ABOVE,) after discharging himself left the court 15 minutes later prior to him discharging himself from representing the policemen.
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Altantuya Murder: Case Fixed For Mention On Jan 5; December 14, 2006 16:44 PM
(this updated version (with more details) replaced the old version time stamped at 12:57 PM; below)
SHAH ALAM, Dec 14 (Bernama) -- The High Court here Thursday allowed political analyst Abdul Razak Baginda who is charged with abetting the murder of Mongolian model Altantuya Shaariibuu, to be released on RM1 million bail with two sureties until Jan 5. Judicial Commissioner Datuk Mohd Zaki Md Yasin ordered the bail to be posted in addition to the two conditions imposed by Justice Datuk Abdul Kadir Musa at the Kuala Lumpur High Court on Nov 23.
ABOVE: Abdul Razak arriving hand-in-hand with daughter Rowena and BELOW, walking up the court steps with family
Abdul Razak, 46, who wore a blue shirt and dark trousers, must deposit cash or securities worth RM1 million by 5pm today at the latest. Last month, the Kuala Lumpur court released Abdul Razak on a similar bond but without security, and ordered him to report to the Brickfields police station once a week and surrender his passport to the court. The bond without security expired today. Abdul Razak is alleged to have committed the offence at Bangunan Getah Asli in Jalan Ampang, Kuala Lumpur, between 9.54am and 11.05am on Oct 18 and charged under Section 149 of the Penal Code, read with Section 302 of the same Code which carries the mandatory death sentence, if convicted. The court today also fixed Jan 5 for the mention of the case of two police personnel from the Bukit Aman Special Action Squad (UTK), Chief Inspector Azilah Hadri, 30, and Corporal Sirul Azhar Umar, 35, who are charged with the principal offence. They are alleged to have murdered Altantuya, 28, in an area at Lot 12843 and Lot 16735, Mukim Bukit Raja, Selangor, between 10pm on Oct 19 and 1am on Oct 20. All the three accused claimed trial after the charges were read to them separately. Mohd Zaki said all the issues raised today pertaining to bail, representation and the trial date would be determined by the judge who was supposed to try the case, namely Datuk K.N Segara, who was on leave. He said that he had only been entrusted to hear the mention of the cases of the three accused. Counsel Wong Kian Kheong who took over from Datuk Muhammad Shafee Abdullah in representing Abdul Razak, submitted an application for the bail to be extended as his client was having health problems. He said Abdul Razak had always given his cooperation and complied with the conditions imposed previously, and that since he was charged on Nov 23, his client had gone out of his house only several times. "Abdul Razak only left home to go to the police station in Brickfields to report himself, to the hospital and to see me for advice," he said. He said there was no risk of Abdul Razak running away. Deputy Public Prosecutor Salehuddin Saidin objected to the application for bail because the defence did not furnish any evidence except a health report that had been recorded by the previous judge. He wanted Wong to file a formal application to enable the prosecution to challenge the health report by filing an affidavit in reply. If the court wished to allow the analyst bail in the interim period, the previous bail could be retained with a condition that it must deposited with the court, he said.
Wong also asked the court to fix a mention date at least one week from now pending a decision of the Attorney-General's Chambers on a representation made to review the charge on his client. The application was made on Dec 6, he said. The proceeding began at 9.30am with Salehuddin introducing the prosecution and the accused's lawyers to the presiding judge.
ABOVE: Is he the Special Secretary of the Ministry of External Affairs of Mongolia, Aruinbold Yadmaa? and BELOW: The delegation of observers from Mongolia and the photographer
The court was packed with lawyers, the accused's family members, representatives from the Mongolian mission and journalists, prompting the police to stand guard at the door. Some of them had been standing there for at least four hours. Also present was counsel Bayar Budrajehaa who was appointed by Altantuya's father, Shaariibuu Setev, to hold a watching brief.
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Altantuya Murder: Photographers Confused
SHAH ALAM, Dec 14 (Bergambar) -- Scores of photographers who wanted to take pictures of two police personnel charged with murdering Altantuya Shaariibuu, were confused today. This was because C/Insp Azilah Hadri and Corporal Sirul Azhar Umar were among about 15 people who got down from a police vehicle and were led to the courthouse at 8.50am here. All of them covered their heads and faces with their shirts. This prompted the photographers to take the picture of each of them and sought help from several policemen there to identity which had been accused of murdering the Mongolian model.
ABOVE & BELOW: The two police officers arriving at about 8.50 am
Azilah and Sirul Azhar wore the same shirts when they were brought to the Magistrate's Court here on Nov 15 -- one in a green T-shirt while the other a black shirt. Their family members were also seen visiting them at the underground lock-up of the court building before the proceeding started. After the proceeding ended, they were taken to the Sungai Buloh prison in the same vehicle at about 3pm. Azilah, 30, and Sirul Azhar, 35, from the Bukit Aman Special Action Squad (UTK) were brought to the High Court here for the mention of the Altantuya case. They are charged with murdering the woman at a location between Lot 12843 and Lot 16735 in Mukim Bukit Raja at between 10pm on Oct 19 and 1am on Oct 20 under Section 302 of the Penal Code which carries the mandatory death penalty, if convicted. They pleaded not guilty. Judicial Commissioner Datuk Mohd Zaki Md Yasin fixed Jan 5 for re-mention.= = = == = = == = = =
UPDATE: Dec 14 2006 ,14:30pm; Thursday - Today is the the mention for Altantuya Shaariibuu's murder case at the Shah Alam High Court, started at 9.30 am.
MORE Pics (Mongolian rep, entourage, lawyers etc) loaded above)
Other Brief details
Passport also detained and told to report to Brickfield Police Station every week
Police officers arrived 20 mins later 8.50 am an later sent back to Sungei Buloh prison
Mongolian observers arrived at 9.05 am with photographer
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December 14, 2006 15:22 PM
Counsel Surprised Court Extends Bail On Razak Baginda; December 14, 2006 15:22 PM
SHAH ALAM, Dec 14 (Bernama) -- A lawyer holding a watching brief for the family of murdered Mongolian model Altantuya Shaariibuu, was surprised with the High Court decision to extend bail on political analyst Abdul Razak Abdullah Baginda. "Usually in the Mongolian court, cases similar to this are not bailable," Bayar Budragchaa told reporters Thursday. He, however, believed that the court had grounds for it. The High Court here extended the bond on Abdul Razak, 46, but imposed a new condition that he must deposit RM1 million or securities of the same value. Abdul Razak is charged with abetting Chief Inspector Azilah Hadri, 30, and Corporal Sirul Azhar Umar, 35, in the murder of Altantuya in Puncak Alam. He is alleged to have committed the offence at Bangunan Getah Asli in Jalan Ampang between 9.54am and 11.05am on Oct 18. On Nov 23, the Kuala Lumpur High Court allowed Abdul Razak to be released on a RM1 million bond with two sureties without security.
Budragchaa said the priority of Altantuya's family now was to recover the woman's bone fragments which were still kept by the police.
ABOVE: Lawyer Karpal Singh arriving in a wheel chair to "see through the return of the bone fragments"
He said Karpal Singh who held the watching brief for the victim's family in previous proceedings had promised to see it through. The bone fragments would be brought to Ulan Bator for cremation according to Mongolian practice, he said. On the two letters sent by the Mongolian government to the Malaysian government yesterday, Budragchaa said they were to express the wish of Altantuya's family and the Mongolian government for the case to go on smoothly. In Putrajaya yesterday,
Mongolia's Foreign Ministry special secretary Aruinbold Yadma handed over a letter from his government to Prime Minister Datuk Seri Abdullah Ahmad Badawi through Tan Sri Abdul Kadir Mohammad, who is Abdullah's special advisor on foreign affairs. The other letter was sent by the Mongolian Parliament through Ariunbold to Malaysia's Parliament administrator Kamaruddin Mohd Baria. Mongolia's Honorary Consul in Malaysia Datuk Syed Abdul Rahman Al-Habshi said Altantuya's family hoped the case would be disposed of quickly and in a fair manner. They also wanted to follow the whole proceedings, he said. He said his office would try to hold meetings with several parties including Wisma Putra, Immigration Department and police to get their support and assistance so that the case would go on smoothly
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Altantuya murder case: DPP: Only Razak and two cops involved
15 Dec 2006; Rita Jong and A. Hafiz Yatim; from NST
SHAH ALAM: No one else was involved in the murder of Altantuya Shaariibuu other than Abdul Razak Baginda and two policemen. Deputy public prosecutor Salehuddin Saidin made this surprise announcement at the High Court here when the case involving Razak, Chief Insp Azilah Hadri, 30, and Corporal Sirul Azhar Umar, 35, came up for mention. Much slander and insinuation that other parties were involved, he said, prompted him to make it clear that only the three were involved in the murder and wanted the case to be expedited to allow the prosecution to brush aside all speculations that had arisen.
"An early trial date will help put all these to rest. Investigations reveal no one else’s involvement in this case. Those responsible are in court today," Salehuddin said. Political analyst Razak is charged with abetting in the murder of the 28-year-old Mongolian model. Azilah and Sirul Azhar are charged with murdering the woman at Bukit Raja between 10pm on Oct 19 and 1am on Oct 20. All three pleaded not guilty. Judicial Commissioner Datuk Mohd Zaki Md Yasin said the court would have fixed an earlier date even without the prosecution asking for it but there were too many cases pending. "We also want the case to be settled quickly, not just this case. ”We have about 150 cases here, all accused held in remand. If the court can settle at least seven cases a year, how many years will it take us to settle 150 cases? "If we fix hearing dates for this case in January, what will happen to those cases fixed then? What will happen to those accused who are still held in remand?" he asked. "Yes, but based on the reasons stated and the Press attention this case is attracting, we want it earlier," replied Salehuddin.
"As expected, global attention!" was Mohd Zaki’s retort. Wong Kien Kheong, the new lawyer representing Razak, urged the court to extend the RM1 million bail until the case came up on Jan 5. "His health is deteriorating and since his release on Nov 23, he never left the house except to seek treatment or to my office for legal advice. "Bail should be refused only if the accused would menggoda saksi (flirt with witnesses)," he said bringing laughter from the public gallery. "Menggoda?" asked Mohd Zaki, to which Wong replied that he meant to "tamper with witnesses". Salehuddin objected to bail and said in murder cases, bail was not a right. "But if Your Honour is willing to grant bail, we urge the court to maintain the RM1 million bail and order the accused to deposit the amount with the court, be it in cash or securities," he added. Mohd Zaki granted the bail until Jan 5, on condition the amount is deposited with the court and that Razak surrenders his international passport to the Shah Alam High Court and reports to the Brickfields police station once a week. Razak’s wife Mazlinda Makhzan and Razak’s brother, Dr Abdul Rani Abdullah, posted the bail at 3.50pm before High Court Deputy Registrar Rofiah Mohamad yesterday. People who packed the court to the brim very early in the morning were surprised when Razak’s previous lawyers, Datuk Muhammad Shafee Abdullah and M. Puravalen, did not accompany the accused to court. Wong, who was assisted by Low Thian Eng, informed the court that he was appointed last week. Mohd Zaki said issues raised pertaining to bail (after Jan 5), representation and the trial dates would be determined by the judge who will be hearing the case. Senior judge Datuk K.N. Segara will preside over the case. Salehuddin is assisted by DPPs Noorin Badaruddin and Hanim Rashid.
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Altantuya Murder: Case Fixed For Mention On Jan 5; December 14, 2006 12:57 PM
(Read the Updated version above time stamped 16:44 pm)
SHAH ALAM, Dec 14 (Bernama) -- The High Court here Thursday fixed Jan 5 for the mention of the case of political analyst Abdul Razak Baginda who is charged with abetting two police personnel in the murder of Mongolian model Altantuya Shaariibuu.
Judicial Commissioner Datuk Zaki Md Yasin also set the same date for the mention of the case of the two policemen, C/Insp Azilah Hadri, 30, and Corporal Sirul Azhar Umar, 35, who are facing the murder charge.
The court also extended the bond on Abdul Razak but imposed a new condition that he must deposit RM1 million or securities of the same value by 5pm today at the latest.
The conditions imposed by Justice Datuk Abdul Kadir Musa at the Kuala Lumpur Kuala Lumpur on Nov 23 Nov were retained, namely that Abdul Razak must report to the Brickfields police station once a week and surrender his international passport to the Shah Alam High Court. Abdul Razak is alleged to have committed the offence at Bangunan Getah Asli in Jalan Ampang between 9.54am and 11.05am on Oct 18. The address is the official address of Malaysian Strategic Research Centre that he heads.
Azilah and Sirul Azhar, both from the Bukit Aman Special Action Squad (UTK), are charged with murdering Altantuya at a location between Lot 12843 and Lot 16735 in Mukim Bukit Raja, Selangor, between 10pm on Oct 19 and 1am on Oct 20.Altantuya's death was uncovered after pieces of her flesh and clothes were found in a jungle in Puncak Alam on Nov 7.
Altantuya Shaariibu's murder: Cops claim trial (from STAR Update,(Not photos) Dec 14 2006)
ABOVE: Abdul Razak arriving with his family
SHAH ALAM: C/Insp Azilah Hadri, 30, and Kpl Sirul Azhar Umar, 35, claimed trial to the charge of murdering Mongolian Altantuya Shaariibu at Shah Alam High Court Thursday. The court, presided by Judicial Commissioner Datuk Mohd Zaki Md Yasin, also extended political analyst Abdul Razak Baginda's RM1 mil bond on condition that the sum is deposited to the court. Razak, 46, who is charged with abetment in the murder,
ABOVE: The mother (left) and father (right) waiting for the lift
arrived at the court at 8.30am accompanied by his wife Mazlinda Makhzan, daughter Roweena, 19, his parents and his elder brother, Dr Rani Abdullah. The case will be mentioned again at the Shah Alam High Court on Jan 5.
Check back later for more details & updates
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Model's murder raises explosive questions for Malaysian minister; By Connie Levett; From Melbourne Age ;December 14, 2006 THREE men will appear in Malaysia's Shah Alam High Court today in a case that has riveted the country's media and political classes. The murderous drama involves a beautiful Mongolian model, a Muslim political analyst with friends in the highest places, and an explosive cover-up — the body was blown to bits.
Altantunya Shariibuu, a 28-year-old mother of two, was kidnapped on October 19. She was allegedly shot twice in the head, and her blown-up remains were found in forest at Shah Alam, south of Kuala Lumpur. She was identified by DNA taken from bone fragments. Respected political analyst Abdul Razak Baginda, 46, who was allegedly her lover, has pleaded not guilty to abetting murder, a charge that carries the death penalty. The prosecution case hinges on an alleged meeting between Abdul Razak and two elite police officers at his Kuala Lumpur office the day before the kidnapping.
The two officers, special taskforce Chief Inspector Azhila Hadri, 30, and Corporal Siral Azhar Umar, 35, are also charged with murder. They have not entered a plea. Abdul Razak is a confidant of Malaysia's Deputy Prime Minister and Defence Minister, Najib Abdul Razak. Although Mr Najib has not been formally implicated in the case, questions have been raised about the alleged involvement of special taskforce police and whether the apparent use of C4 explosives points to an abuse of Defence Ministry power. Malaysia's elite has not seen anything like it since former deputy prime minister Anwar Ibrahim was falsely accused of sodomising his driver.
Unlike Mr Anwar, who was beaten up by the police chief and jailed for six years, Abdul Razak was charged and then released on health grounds in late November, on an unguaranteed bail bond. This had never been allowed before in a Malaysian murder trial, but there was no protest from prosecutors. The victim's father, Setev Shaariibuu, travelled from Mongolia to Malaysia to seek justice for his daughter. "This is an international case, this is a brutal murder," he told reporters after Abdul Razak was released. "It was all about releasing him, all about his family, and his background … I hope justice will be served."
Early in the case, Malaysian Prime Minister Abdullah Badawi promised there would be no cover-up, but the Government has since refused to comment, saying the case is before the court. That has not stopped opposition politicians. In Parliament, Karpal Singh of the Democratic Action Party has claimed the C4 explosives could only have been found in the Defence Ministry. "So what was the link of the Defence Ministry (with the case)?" he reportedly asked Parliament this month. "Why was Altantunya's body exploded? Was she pregnant? Are the police afraid to investigate because it involved a highly placed minister?" Another opposition politician, Syed Husin Ali of the People's Justice Party, said: "Should the Government continue to be silent, rumours will spread even further and will eventually be accepted as the truth by the public." The trial is expected to begin next year.
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Mongolian Official To Attend Mention Of Altantuya's Trial Thursday; December 13, 2006 21:55 PM KUALA LUMPUR, Dec 13 (Bernama) -- The Special Secretary of the Ministry of External Affairs of Mongolia, Aruinbold Yadmaa will attend the mention for Altantuya Shaariibuu's murder case at the Shah Alam High Court, Thursday. Mongolia's Honorary Consul in Malaysia Datuk Syed Abdul Rahman Al-Habshi, when contacted, said that Aruinbold would be accompanied by two lawyers from the Commission on Human Rights of Mongolia (CHRM) and several Mongolian journalists. "
Aruinbold also told me that he would witness the entire proceedings of the trial on behalf of his government and he promised to monitor it thoroughly...the Mongolian government doesn't want to miss a single piece of the trial including tomorrow's mention," he told Bernama here Wednesday. Earlier in Putrajaya, Aruinbold handed over a letter from the Mongolian government to Prime Minister Datuk Seri Abdullah Ahmad Badawi at his office today. The letter was received on behalf of the Prime Minister by Tan Sri Abdul Kadir Mohammad, who is also the special advisor on foreign affairs for Abdullah. However, Syed Abdul Rahman did not elaborate on the contents of the letter.
"Tomorrow's mention for the trial would see how fair the trial was being would conducted. This includes the court's decision whether to revoke Razak Baginda's bail or not. "Frankly speaking, the Mongolian government and its people hope for a transparent trial and this case is something important for them," he said. Altantuya's brutal murder received wide coverage here and in Mongolia, following speculation that apart from being shot, explosives were also used to blow up her body to pieces. Fragments of bones which were later verified as her's were recovered in a secondary forest near the Subang Dam in Puncak Alam in Shah Alam early November. Two policemen from the Federal Police Special Action Force (SAF), Chief Insp Azilah Hadri, 30, and Corporal Sirul Azhar Umar, 35, have been charged with her murder. Abdul Razak Baginda, 46, a prominent local political analyst, has been charged with abatement in the murder, but released on a RM1 million bond with two sureties without security on Nov 23.
Meanwhile, Ariunbold forwarded a letter from the Mongolian Parliament to the Malaysian Parliament requesting the Parliament to ensure that the Altantuya murder trial would be carried out in a fair and just manner. "They (Mongolian Parliament) are asking for an independent trial free from political influence and a thorough police investigation on the case," Ariunbold told reporters after handing over the letter at the Parliament building Wednesday. He said the letter, which was addressed to all members of the Malaysian Parliament, also hoped that bilateral relationship between both countries would continue to be enhanced and strengthened.
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Burning bailment questions; Radzuan Halim"Justice according to law requires as much certainty in the rules as human skill can devise." Harold Potter, The Quest of Justice. 1951"An upright zeal to right prevails More than the nature of a brother's love!" Shakespeare. Henry VI, Part 3.. Many Malaysians were surprised and some were even in disbelief when Abdul Razak Baginda, the noted political analyst, was allowed bail. Razak was charged under Section 109, read together with Section 302 of the Penal Code, a capital offence charge, thus rendering it non-bailable. A bail application is still available for non-bailable offences under Section 388 of the Criminal Procedure Code. The defence made such an application and this was allowed by the High Court judge concerned. The bail was subject to a RM1 million bond. It was however not clear whether any actual sums were paid into court. The defence tendered medical evidence in support of the bail application, showing the accused to be suffering from acute bronchitis and asthma. While I have considerable sympathy for Razak and his family in having to face such trying circumstances, I am not quite comfortable with the decision to grant bail and in particular the conduct of the prosecution in handling the bail application.
One would have expected the prosecution to put up greater efforts to uphold a general principle of our criminal law, which is, that capital and other serious offences are not appropriate for bail. If at all bail is to be allowed, it should only be on account of extraordinary and exceptional circumstances which the law requires for such dispensation.
Let us not forget that there are many valid reasons why the law deems it fit to disallow bail for serious offences. First, the punishment for certain offences is so severe, involving death by hanging, caning or long convictions, that the likelihood of the accused absconding or jumping bail is high. Many well-heeled persons wanted for criminal breach of trust and securities fraud investigations had since absconded. So the possibility of absconding in a capital offence case is a real one and not a remote consideration. As Lord Devlin, the eminent judge understatingly puts it, "The prospect of a heavy sentence would ordinarily give a man greater temptation to abscond " Secondly, there is the possibility of an accused in a capital offence case interfering with witnesses, contacting them or threatening them. Such conduct would of course amount to obstruction and perversion of the course of justice. Third, there is the possibility of harm being caused to the accused himself if he is not kept under care. Such harm could arise from victims seeking revenge as well as from accomplices who fear that the accused's evidence or testimony might serve to convict them. Fourth, the likelihood of serial offenders (rapists, child sex fiends, murderers, armed robbers) committing new offences while they are out on bail. The point to be made is that there are good, long-established grounds for refusing bail for capital offences and that exceptions should only be granted sparingly and in well-justified circumstances. Then there is the constitutional point, which is too often overlooked. Article 8, Federal Constitution provides that, "All persons are equal before the law and entitled to the equal protection of the law É and (with exceptions) there shall be no discrimination É in any law." What Article 8 provides is that, the specified exceptions apart, there must be equal treatment of all persons under the law. As such, when considering a bail application, a court must treat all persons equally, and not have one rule for the rich and famous and another for the man in the street. The only relevant grounds for granting bail in our instant case is to be found in the proviso to Section 388 of the Criminal Procedure Code: "Provided that the court may direct that any É sick or infirm person accused of such (non-bailable) offence be released on bail." And that such court, "shall record in writing the reasons for doing so." The judge thus has the discretion to grant bail even in non-bailable offences, where the accused is found to be "sick or infirm". Such discretion, however, is a judicial one and can only be exercised in accordance with established legal principles and based upon evidence produced in court. Now what constitutes "sick or infirm" such as to justify the grant of bail in a non-bailment offence? Of course, the test would be easy to ascertain in certain obvious cases. For example, a headache would clearly not be sufficient ground for bail. On the other hand, a person on life support with polonium-210 poisoning would clearly justify. With most cases, which lie in-between the extreme cases, the prosecution and defence teams would each have to put their best arguments and evidence forward and to critically examine the other side's arguments and evidence. In Razak's case, the defence submitted the evidence of two doctors showing that he suffered from acute bronchitis and asthma. It was not clear from press reports whether the two doctors were cross-examined in detail by the prosecution. Further the prosecution did not make arrangements for Razak to be examined by their own doctors. In the event, the impression given is that the prosecution did not devote sufficient effort in establishing its own case or in challenging the evidence of the defence.
Conclusion The prosecution can expect to face more applications for bail (for non-bailable) offences. The public, while accepting that sufficiently serious medical cases be allowed bail, is not happy to find too many departures from the general rule. After all there are good reasons why bail should not be granted in capital and serious crime cases. The prosecution need to show greater zeal in the exercise of its "public defender" role. The prosecution should devote as much attention to medical evidence as is being availed by the defence in bailment issues. Only in this way could the public interest in law and order be served, while allaying public fears that there is no equal treatment for all citizens under the justice system.Radzuan Halim, a former banker, teaches MBA and law students.
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UPDATE: Dec 09 2006
Demand for Malaysian Apology; Thursday, 07 December 2006
THE Mongolian National Center Against Violence held a joint meeting with other human rights, women's rights, and children's rights organizations in the country on December 6 at the conference hall of National IT Park to call for action in protest against the murder of a Mongolian woman in Malaysia.
"We Demand Justice" was the unanimous demand at the gathering. The meeting began with the assembly standing for a minute in silence in memory of the victim, Sh.Altantuya, 28, a mother of two. A short documentary film about her life was then shown.
The alliance of human rights organizations and women's non-profit organizations urged the Government of Malaysia to apologize to the people of Mongolia for the murder, to pay for the support of the victim's children until they reached majority, including their medical expenses. "I hope that the Government of Malaysia apologizes. We also demand a fair trial and that full justice is seen to be done," said Sh.Altanzul, a sister of Altantuya. J.Altantsetseg, director of National Center Against Violence, explained that
they were demanding an apology from the Government of Malaysia as police officers, who by definition were part of a State's legal enforcement machinery, were found to be involved. "The final hearing of the trial will be next week. The reputation of the Malaysian judicial system itself is on trial at the international level.
The people of Mongolia, especially its national network of human rights organization, are watching carefully how this case proceeds. We hope some human rights organizations in Malaysia would support us in this respect and put pressure on their government," she said. The Government of Mongolia has to protect its citizens abroad, and this does not mean merely sending formal letters, according to many of the speakers. The gathering has sent two letters of demand, one to the President of Mongolia, its government, and parliament, and the other to the King of Malaysia, its government, and parliament.
UPDATE: Dec 08 06
MORE Questions raised in Parliament on the murder of Mongolian altantuya Shaariibuu by Karpal Singh, Member of Parliament (DAP-Bukit Gelugor) and also lawyer holding a watching brief in the Trial for Altantuya’s family.
Johari: C4s Used by Soldiers and Cops; Pauline Puah and B.Suresh Ram;SUN
KUALA LUMPUR (Dec 7, 2006): Deputy Internal Security Minister Datuk Mohd Johari Baharum says C4 explosives were not only used by the army but also the police Special Action Unit (Unit Tindakan Khas). However, Johari declined to comment further on the murder of a Mongolian beauty in which C4s were believed to have been used. "I can't give any information as the case is now in the court," he said in his winding up speech for the ministry in Parliament today.
On the fiery speeches by some Umno members in the recently-concluded Umno general assembly, Johari said the police had completed its investigations and the investigation papers have been submitted to the Attorney-General (A-G) for a decision. When quizzed on the proposed Independent Police Complaints and Misconduct Commission (IPCMC), Johari reiterated that the matter was still being studied by the A-G. Earlier, Karpal Singh in his debate urged the police to investigate whether the murder of Mongolian Altantuya Shaariibuu is related to any minister. He said the police should also probe the statement made by the wife of high-profile political analyst Abdul Razak Baginda who has been charged with abetting in the murder. "Can the police get a statement from her to determine what she meant by saying 'He is a good man. He is not the prime minister of this country. He doesn't want to be one?' What did that mean?" he asked.
Karpal Singh (ABOVE) also claimed that the C4 explosives used to blow up the body of Altantuya after she was killed could only be found in the Defence Ministry, not in any police station or Bukit Aman "So what was the link of the Defence Ministry (with the case)?" he asked. At this juncture, Deputy Speaker Datuk Dr Yusof Yacob interjected. Citing the case was in the court now, he tried to stop Karpal Singh from making further comments about the case.
Karpal Singh explained that although the case was in court, it does not prohibit the police from carrying out investigations. He then raised another question: "Why was Altantuya's body exploded. Why was she was blown up? Was she pregnant? Was this why she was exploded? Can we investigate this aspect? "Some said the case involved highly placed people. If so, who is this highly placed minister? Is the police afraid to investigate because it involved a highly placed minister?"
Karpal Singh said the Mongolian government is monitoring the case daily.
Seeing Karpal Singh had no intention to stop talking on the topic, Badruddin Amiruldin (BN-Jerai) said: "The case is in the proceeding (court proceeding). How can we debate this?" Lending support to his party colleague, Opposition Leader Lim Kit Siang said everyone must remain rational about the case and that issues concerning public interest should be allowed to be debated. Karpal Singh said: "The most important thing in the case is don't erase whatever that's needed to be exposed." His speech ended when Yusof ruled his time for the debate had ended. The Budget 2007 Bill was passed by the Dewan Rakyat after 32 days of debate.
Updated: 07:35PM Thu, 07 Dec 2006
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HOW did Killers obtained C4 Explosives? How Abdul Razak got UIS100 Mln in Submarine DEAL? PM Mongolia: Requests Daily Updates on Trial & Mongolia Human Rights to SUHAKAM: Ensure FAIR Trial
The trial proper starts only on Dec 14 2006, yet there are many questions being asked. The DAP leader Lim Kit Siang fished for information in Parliament and asked about the C4 explosives and the commission obtained by Abdul Razak Baginda in the submarine purchase deal in 2002. Meanwhile from Mongolia, its Premier, Miyeegombo Enkhbold through the Mongolian External Ministry, had asked the local Consul to monitor and update daily on the trial and its Human Rights Commission has appealed to Malaysia Suhakam to ensure a Fair Trial
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‘How did the killers get C4 explosives?’; 07 Dec 2006; V. Vasudevan, Anis Ibrahim and June Ramli; NST
THE murder of Mongolian Altantuya Shaariibuu cropped up in the Dewan Rakyat yesterday. While debating the 2007 Budget (committee stage) for the Defence Ministry,
opposition leader Lim Kit Siang (DAP-Ipoh Timur) prodded deputy minister Datuk Zainal Abidin Zin on the use of C4 explosives. "The case of the Mongolian woman Altantuya Shaariibuu, which involved Abdul Razak Baginda, portrayed a very bad image of Malaysia. You are the deputy defence minister, how did the perpetrators obtain the explosives?" he asked. Zainal Abidin replied: "The police are investigating the case, not me. I don’t know the answer to that question." "But how is it that someone can obtain C4 explosives so easily?" repeated Lim. "I have already told you, it is not the defence ministry that is conducting investigations," said Zainal Abidin. Lim had earlier asked about the US$100 million (RM354.9 million) commission for the purchase of two submarines in 2002. He said the purchase from a French-Spanish supplier had been handled by a company controlled by Abdul Razak, which had in turn sold it to the government. "The commission was part of the final bill to the government, correct?" he asked. Zainal responded: "The commission was given by the foreign supplier to the company. We do not have a say in the matter, we were a willing buyer." "But if the commission was part of the price, it is additional taxpayers’ money that is being used," said Lim. "We were a willing partner in the transaction," replied Zainal Abidin.
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and More of this leakage from Lim Kit Siang’s Blog
USD$100 milion commission for RM4.1 billion submarines contract –the real beneficiaries?Time & Date: December 7, 2006 @ 15: 44.46
Deputy Defence Minister Datuk Zainal Abidin Zin denied in Parliament yesterday that the government had paid USD$100 million commission for the RM4.1 billion deal to buy three submaries from a collaboration of French and Spanish warship builders – DCN International and Thales respectively. The deal concluded in 2002 involved the construction of two Scorpene SSK-class submarines (to be delivered in 2009) and an overhauled French Agosta 70 submarine for training purposes. The contract was signed by the Ministry of Defence with Amaris – a joint-venture company between DCN and Thales. The issue however was not whether the USD$100 million was paid by the Malaysian government but whether there was such a commission by the French contractor as the commission would eventually be added to the final bill of the contract to be paid by the Malaysian taxpayers, and who are the real beneficiaries of the USD$100 million submarine commission. The issue of the USD$100 million submarine commission when the submarine contract was concluded in 2002 and the central role played by Abdul Razak Baginda (central figure in the Mongolian model murder case) had been raised in the previous Parliament, but no satisfactory explanation had been given. Far Eastern Economic Review of August 15, 2002, in an article “Wanna Buy a Sub?” traced the makings of the submarine deal, which had not been denied. According to the FEER article, the company Perimekar “will receive, over the next six years, 8% of the total contract value: about 288 million ringgit, and possibly more, as the euro, on which the contract is based, has appreciated 13% against the ringgit since the signing”. The 2002 FEER report said that Perimekar was 100% owned by Ombak Laut, “a private company owned by associates of Abdul Razak. Ombak then sold 40% to LTAT and a sister company.” Can Malaysians expect an answer as to who are the real beneficiaries of the USD100 million commission for the RM4.1 billion submarines deal?
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Mongolian PM Requests Updates On Coming Altantuya's Murder Trial; December 04, 2006 20:54 PM By B. Hariharasuthan KUALA LUMPUR, Dec 4 (Bernama) -- The Prime Minister of Mongolia has instructed the Mongolian Consulate here to monitor and give the latest updates on the upcoming Altantuya Shaariibu's murder trial.
The Honorary Consul of Mongolia in Malaysia, Datuk Syed Abdul Rahman Al-Habshi (ABOVE) said that the
Premier, Miyeegombo Enkhbold (ABOVE)through the Mongolian External Ministry, had requested him to closely monitor the matter as it involved a Mongolian citizen. "He instructed me to update information on the coming trial including new matters arising in the trial on a daily basis. "Enkhbold also expressed his deepest regret on the murder since the brutal murder was allegedly done by police officers. He also said the murder had sparked concern in Mongolia's cabinet," he told Bernama, here Monday.
Earlier, Syed Abdul Rahman handed over a memorandum from the Commission on Human Rights of Mongolia (CHRM) to Suhakam chairman Tan Sri Abu Talib Othman. In the memorandum, CHRM's chief commissioner, Suren Tserendon had expressed hope that the Malaysian Human Rights Commission (Suhakam) would see that the trial be conducted fairly. "I received the letter last week and Tserendon mentioned that the people of Mongolia believe the judicial system of Malaysia will resolve justice without double-standard," said Syed Abdul Rahman. According to Syed Abdul Rahman, the CHRM was pleased with police investigations in Altantuya's murder though surprised with the release of Abdul Razak Baginda on RM1 million bail. Meanwhile, Tan Sri Abu Talib Othman said Suhakam would monitor the trial, adding that appeal could be made to higher court if there was injustice on the part of the court. Altantuya's brutal murder received wide coverage here and in Mongolia, following speculation that apart from being shot, explosives were also used to blow up her body to pieces. Two policemen from the Federal Police Special Action Force (SAF), Chief Insp Azilah Hadri, 30, and Corporal Sirul Azhar Umar, 35, have been charged with her murder. Abdul Razak Baginda, 46, a prominent local political analyst, has been charged with
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November 24, 2006 00:39 AM
I Trust Malaysia's Judicial System, Says Shaariibuu By B. Hariharasuthan KUALA LUMPUR, Nov 24 (Bernama) --
"I have strong believe and respect in the Malaysian judicial system and that the law will punish those who killed my daughter." This was the heartfelt message expressed by Dr Shaaribuu Setev, 56, on his daughter's murder case, which goes on trial next month. His daughter Altantuya Shaaribuu, 28, a teacher and part-time model was brutally murdered four weeks ago in Malaysia. Only fragments of bones from her body were found in a secondary forest near the Subang Dam in Puncak Alam, Shah Alam. "Everyone, including the Mongolian people hope for a fair trial and I'm sure to see this in Malaysia because there has been no cover-up in the police investigations. "What I'm praying for is to see the mastermind and killers pay for their act. Just imagine the way they killed my daughter... I have been haunted by this tragedy every night," he told Bernama in an exclusive interview here Tuesday night. Shaariibuu also said that he would only be able to bring his daughter's remains back to Mongolia when the trial was over. He said the court needed the bone fragments for evidence during the trial. "I thought of bringing her remains to Mongolia today. However, due to the legal procedures, I have to wait but I don't mind. Once the court allows me to bring them back, I will do so." He also said that the Honorary Consul of Mongolia in Malaysia, Datuk Syed Abdul Rahman Al Habshi, would monitor the entire trial and keep him informed of the latest developments of the case.
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