PRESENT POINT POWER

PART X – Continuing the Altantuya Murder Trial

UPDATE: June 07 2007

June 07, 2007 19:30 PM
Recusal Of Counsel: Altantuya Family Files Notice Of Appeal

SHAH ALAM, June 7 (Bernama) -- The family of Mongolian model Altantuya Shaariibuu and the Mongolian Government today filed a notice of appeal against the court's dismissal of their application to disqualify counsel Hazman Ahmad from representing an accused in the high-profile murder trial. The notice of appeal was filed through law firm Messrs Karpal Singh & Co at the Shah Alam Civil High Court registry at 2.30pm today. Counsel Karpal Singh is holding a watching brief for Altantuya's family in the trial. On Monday, High Court Judge Datuk Mohd Zaki Md Yasin dismissed Karpal's application to order lead counsel,

Hazman to discharge himself from representing Chief Inspector Azilah Hadri in the trial on the grounds that Hazman's late wife was Mohd Zaki's niece. Azilah, 30, and Corporal Sirul Azhar Umar, 35, were charged with the murder of Altantuya, 28, while political analyst Abdul Razak Abdullah Baginda is accused of abetting the two policemen from the Special Action Force in her murder. The policemen allegedly committed the offence at a location between Lot 12843 and Lot 16735 in Mukim Bukit Raja between 10pm on Oct 19 and 1am on Oct 20 last year. Abdul Razak allegedly committed the offence at level 10 in Bangunan Getah Asli at Jalan Ampang between 9.45am and 11.05am on Oct 18 last year. The trial has been fixed for June 18.

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June 05, 2007 19:29 PM

Shaariibuu Hopes Soon-to-be-born Grandchild Will Ease His Pain

KUALA LUMPUR, June 5 (Bernama) -- Dr Shaariibuu Setev, the father of murdered Mongolian model Altantuya Shaariibuu, hopes to `see' the image of his daughter in his soon-to-be born grandchild. His second daughter Altanzul, 26, who is residing in Ulan Bator, Mongolia, is expecting her first child this week.

Shaariibuu, 57, hopes the birth of the grandchild will ease the pain he is suffering because of the gruesome murder of Altantuya (the 28-year-old beauty was shot before her body was blown to bits with high explosives in a secondary forest in Shah Alam near here in October). Mongolia's Honorary Consul in Malaysia Datuk Syed Abdul Rahman Al Habshi, who related this to Bernama here today, said Shaariibuu had told him that despite the pain he was going through, he hoped to find relief via the new grandchild. "As things stand, Shaariibuu is worried about his ailing wife Altantsetseg Sanjaa, who is nursing a weak heart, while Altantuya's second son Altanshagai Munkhtulga is suffering from brain infection.

"Following Altantuya's murder, Shaariibuu has become uncertain over what the future holds for him and his family."Moreover, the postponement of the murder trial (it was to begin yesterday but because of an unexpected change in the prosecution team, the Shah Alam High Court deferred it to June 18), has only complicated matters for him," he said. Shaariibuu, the director of the National University of Mongolia's Information and Educational Centre, arrived here on Friday. He was accompanied by nieces, Burmaa Oyunchimeg and Gal Ochir Uuriintuya, and a friend of Altantuya, Namiraa Gerelmaa. Syed Abdul Rahman said Shaariibuu had decided to remain here until his daughter's murder trial ends.

"He told me it would be a waste of time and money to return to Mongolia and come back in two weeks to attend the trial," he said, adding that Shaariibuu hoped that there would not be more postponements.

= = == = = = Watch Altantuya's Father Disappointment - expressed thru the Mongolian Consul in Malaysia, 41 s Video Clip

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AG: "DPP changed because he played badminton with Judge'

June 06, 2007 20:49 PM; By Azman Ujang

PUTRAJAYA, June 6 (Bernama) -- Attorney-General Tan Sri Abdul Gani Patail said today he had to change the prosecution team in the murder trial of Mongolian model Altantuya Shaariibuu in the interest of justice because Deputy Public Prosecutor (DPP) Salehuddin Saidin who was leading the prosecution team had been seen playing badminton with trial judge Datuk Mohd Zaki Md Yasin. He told Bernama at his office here that this matter was only brought to his attention last Thursday and given the time constraint of only three days for a new DPP to take over, he said he had no choice but to request for adequate time to prepare the case. Gani said realising the sensitivity of the case, he decided to withdraw Salehuddin from leading the prosecution team.

"Concern has been raised that such situation may be construed and exploited to certain advantage by different quarters for whatever purposes that may attract negative perception on the integrity of the Attorney-General's Chambers and the court and the fair conduct of the trial," he said in giving reasons for the change which caused the high-profile trial that was supposed to start at the High Court in Shah Alam on Monday to be postponed to June 18. Salehuddin was replaced by Tun Abdul Majid Tun Hamzah. Gani said during the last two weeks he had also appointed two other senior DPPs, Wong Chiang Kiat and Manoj Kurup, to be in the prosecution team and only Salehuddin was excluded and replaced by Tun Abdul Majid, a very senior and experienced DPP. Gani said he made the decision to ensure that there would be no untoward allegation or adverse public perception against his officers and department as well as the court.

"I have to consider the fact that the whole administration of justice system should not be questioned by the mere allegation of perceived prejudice and to ensure that the right of the affected parties to a fair trial is upheld," he said. The Attorney-general said he had the fullest confidence and trust in the integrity and credibility of his officers, the trial judge and the judiciary in discharging their duties objectively and professionally.

"But neither can I afford to allow negative perceptions to prevail. Justice must not only be done but seen to be done," he said. Tun Abdul Majid, the civil division head in the Attorney-General's Chambers, on Monday made an application to Zaki to postpone the trial for a month, saying the new team was only assigned to handle the case the day earlier. On trial are Chief Inspector Azilah Hadri, 30, and Corporal Sirul Azhar Umar, 35, both members of the police Special Action Squad, and political analyst Abdul Razak Baginda, 46. They are charged with the murder of 28-year-old Altantuya in Mukim Bukit Raja, Selangor, between 10pm on Oct 19 and 1am on Oct 20 last year. Altantuya was shot dead and her body was blown up with explosives and her remains were found in a forested area in Puncak Alam, Shah Alam, on Nov. 7 Abdul Razak is charged with abetting the policemen in the murder and all three face the death penalty if convicted.
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UPDATE: JUN 06 2007
Wednesday June 6, 2007; STAR
Bar: Reason for change of prosecution is unusual; By CHELSEA L.Y. NG

KUALA LUMPUR: The reason offered by Attorney-General Tan Sri Abdul Gani Patail for the sudden change of DPPs in the Altantuya Shaariibuu murder case was “very unusual”. Bar Council chairman S. Ambiga (ABOVE) said that although Abdul Gani had the prerogative to choose his team, the nature of how the change was made – on the first day of the trial – had given rise to a lot of speculation. She was referring to Abdul Gani’s statement on Monday that he had replaced the previous team of prosecutors with a new one to ensure a “fair trial” to all parties concerned.

“My interest is to ensure that the public knows exactly what happened and how the police investigated the case,” he had said. The new team of prosecutors, however, admitted in court on Monday that they were not ready to handle the trial and sought a month-long postponement. Queried by trial judge Justice Mohd Zaki Md Yasin, the new lead prosecutor Tun Abdul Majid Tun Hamzah said he was not privy to the reason for the change and that he had only received instructions to take over on Sunday afternoon. Tun Abdul Majid also could not give an answer when the judge suggested that he should work with the previous team for the first few days since he was not familiar with the case. Asked whether the remarks insinuated that the previous team might not be able to ensure a “fair trial”, Ambiga said: “I don’t know but we are looking into it. The circumstances are certainly unusual”. She hoped that the A-G’s Chambers would clarify the matter as soon as possible to put an end to the speculations. Tun Abdul Majid dropped a bombshell on Monday when he announced that his team had taken over the charge of prosecuting in the high profile case involving two policemen and political analyst Abdul Razak Baginda.

The change of DPPs caused the trial to be postponed to June 18. C/Insp Azilah, 31, and Kpl Sirul Azhar Umar, 36, are charged with murdering Altantuya in Mukim Bukit Raja, Selangor, between 10pm on Oct 19 and 1am on Oct 20 last year. Abdul Razak, 47, is accused of abetting the two Unit Tindakan Khas (Special Action Force) personnel at the Bangunan Getah Asli in Jalan Ampang, Kuala Lumpur, between 9.54am and 11.05am on Oct 18 last year. The previous prosecutors, Salehuddin Saidin and Noorin Badaruddin, the same team who prosecuted in the Canny Ong murder trial that led to the conviction of Ahmad Najib Aris, had been handling the Altantuya case from the start.

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Postponed for a fairer trial. To Whom? Looks like the accused presently are at a disadvantage as they were denied the statements they requested last week. The rope’s noose is being slowly loosened to spare their life?

2007/06/05; NST;
Altantuya Murder Trial: Move is to ensure fair trial, says Gani

KUALA LUMPUR: Attorney-General Tan Sri Abdul Gani Patail said he initiated the move to introduce a new prosecution team in order to ensure a "fair trial" to all parties concerned. He declined to elaborate. "My interest is to ensure that the public knows exactly what happened and how the police investigated the case." Gani, who is the public prosecutor in his capacity as the A-G, said he would ensure full disclosure of all evidence to prove the prosecution’s case. "We will offer to the defence (if called) the witnesses we did not use," he said. He declined further comment.

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Altantuya murder trial postponed due to last-minute change in prosecution team

SHAH ALAM (June 4, 2007): In an unexpected turn of events, the much-awaited Altantunya Shaariibuu murder trial, which was to start in the High Court here today, had to be postponed by two weeks to June 18 because of a last-minute change in the prosecution's team. Hardly two minutes after the proceedings began at 9.23am, the Attorney-General Chamber (A-G)'s Head of Civil Division Tun Abdul Majid Hamzah (ABOVE) told Justice Hakim Mohd Zaki Md Yassin that he and two other prosecutors were asked to take charge of the case late yesterday evening. He asked for the case to be postponed by a month to enable the team to pore through the investigation papers and over 100 statements recorded from witnesses.

"The situation could not be avoided. A new team had to take over. I apologise to everyone present, but we will not be able to proceed without first going through the documents," said Abdul Majid who is being assisted by Manoj Kurup and Wong Chiang Keat (not present today). He also said the prosecution only received the notice of alibi on May 25 from Hazman Ahmad and J. Kuldeep Kumar, counsel for one of the accused, Chief Insp Azilah Hadri, and was currently going through it. The court house was packed with the public, the accused's family members, local and foreign media representatives and observers who wanted to follow the proceedings in the high-profile case.

Azilah Hadri, 30, and Kpl Sirul Azhar Umar, 35, from the Police Special Action Squad, are charged with murdering Mongolian Altantuya, 28, on Lots 12843 and 16735, Mukim Bukit Raja, Selangor, between 10pm on Oct 19 and 1am on Oct 20 last year. Abdul Razak Abdullah Baginda, 46, a prominent political analyst, is charged with abetting them in Bangunan Getah Asli on Jalan Ampang, KualaLumpur, between 9.54am and 11.05am on Oct 18. Mohd Zaki suggested to Abdul Majid to work with Sallehuddin Saidin, the head of the Classified Cases Unit of the A-G's Chambers, and deputy public prosecutor Noreen Badaruddin, who made up the previous prosecution team, to speed up the case. Abdul Majid said:

"We do not have any problem with that but we need to start from the beginning and besides, the old team had been informed that it will no longer handle this case." Mohd Zaki then suggested the case proceed with the calling of five witnesses from Mongolia, who had come to Malaysia on Friday, but Abdul Majid persisted on a postponement saying that they (witnesses) could be brought back to the country later to testify. Abdul Razak's lawyer, Wong Kian Kheong objected, saying that it was not fair to his client as he would be remanded longer unnecessarily just because the prosecution was not ready to commence with the trial. His repeated calls for the court to grant Abdul Razak bail were, however, denied and also earned the ire of Mohd Zaki for harping on the issue. Earlier, lawyer Zulkifli Noordin, who previously represented Azilah, sought the court's permission to read out a statement pertaining to his withdrawal to set straight speculations in the newspapers about his action but the judge rejected it telling him to seek other remedy.

Zulkifli, one of the lawyers who had represented Datuk Seri Anwar Ibrahim when the former deputy prime minister was charged with corruption several years ago, later distributed the statement to reporters outside the court. In the statement, he alleged that he had to withdraw from the case because of third party interference, which had jeopardised his ability to defend his client as best he could. Outside the court, Abdul Majid declined to reveal why the change was made in the prosecution's team at the eleventh hour and only said: "Whatever it is, we have to be prepared in two weeks." When the court adjourned, Abdul Razak's wife, Mazlina Makhzan rushed over to hug her husband sitting in the dock while telling reporters seated nearby that "He is a good husband and a good father".

Karpal fails to have Azilah's lawyer disqualified

SHAH ALAM (June 4, 2007): The High Court here today dismissed an objection by lawyer Karpal Singh to Hazman Ahmad acting as one of the counsel for Chief Insp Azilah Hadri in the trial for the murder of Mongolian woman Altantunya Shaariibuu. Karpal, who holds a watching brief for Altantuya's family and the Mongolian government, said in his objection that Hazman's late wife was a relative to the presiding judge, Justice Mohd Zaki Md Yassin. "I have nothing personal against him, but for the interest of justice, he must be disqualified to eliminate any doubt, in any way, in this case," he said. In response, Hazman stood up and told the court that besides Karpal and Wong Kian Kheong (counsel for political analyst Abdul Razak AbdullahBaginda), the other lawyers were deputy public prosecutors (DPPs) and former DPPs who had served together with Mohd Zaki before. "I have also worked with the Yang Arif and the Yang Arif knows mybackground. I do not know why this application is made and what was the basis. I was engaged as a defence counsel on the basis of professionalism," he said.

Mohd Zaki dismissed the objection saying that it was not supported by sufficient grounds. Azilah, 30, and Kpl Sirul Azhar Umar, 35, from the Police Special Action Squad, are charged with murdering Altantuya, 28, on Lots 12843 and 16735, Mukim Bukit Raja, Selangor, between 10pm on Oct 19 and 1am on Oct 20 last year. Abdul Razak, 46, is charged with abetting them in Bangunan Getah Asli on Jalan Ampang, Kuala Lumpur, between 9.54am and 11.05am on Oct 18. In today's proceedings, Karpal also disputed the last-minute change in the prosecution's team. "We understand the predicament faced by the DPPs who took over the case, but there was no reason of the change given. It is important that this case be disposed of as soon as possible," he said. Shortly after the proceedings began, the Attorney-General Chamber (A-G)'s Head of Civil Division Tun Abdul Majid Hamzah told the judge that he and two other prosecutors, Manoj Kurup dan Wong Chiang Keat, had been asked to take charge of the case late yesterday evening. Previously, the prosecution was handled by the head of the Classified Cases Unit, Sallehuddin Saidin, and DPP Noreen Badaruddin.

When met after today's proceedings ended, Karpal said his side would consider whether to appeal against Mohd Zaki's decision in dismissing his objection, reports Bernama. "Relatives should not appear before the court to avoid conflict of interest and bias," he said. He added that the A-G should have allowed the previous prosecution line-up to continue handling the case, and if a change was necessary, a notice should be given at least one month before the trial commences.

Meanwhile, Altantuya's father, Dr Shaariibuu Setev, who arrived in Malaysia on Friday (June 1) as a prosecution witness, said through Mongolia's Honorary Consul in Malaysia Datuk Syed Abdul Rahman Al-Habshi, that he was confused with the change in the prosecution's team causing the trial to be postponed. Shaariibuu was also dissatisfied with the prosecution's excuse to seek more time. Shaariibuu came to this country with three Altantuya's cousins, namely Burmaa, Almira and Gal Ochir, who were also expected to be called as prosecution witnesses. They came for the trial and were expected to be here for eight days, paid by the Malaysian government, Syed Abdul Rahman said. As the case had been postponed for two weeks, they would probably have to stay in Malaysia until the case resumed, he added.

Altantuya's family sues Abdul Razak, cops and government for RM100m

SHAH ALAM (June 4, 2007): The family of slain Mongolian woman Altantuya Shaariibuu has sued the three persons accused of her murder and the Government of Malaysia, seeking RM100 million in damages over her death.

They alleged she was shot dead and her body blown up with C-4 explosives by Azilah and Sirul Azhar who were policemen in the Special Unit Force and her remains were subsequently found in a forest area in Puncak Alam, Shah Alam on Nov 7, 2006. They claimed Abdul Razak, a political analyst, abetted the two policemen to murder Altantuya. They also claimed Azilah and Sirul Azhar had acted unconstitutionally and abused the trust placed in them as officers of the Royal Malaysia Police and servants of the Malaysian government. The family claimed that as a result of the acts of Azilah, Sirul Azhar and Abdul Razak, they had suffered loss and damage, particularly Altantuya's two sons, who had lost the love of their mother and sole breadwinner.

Shaariibuu (ABOVE), a professor of psychology and Altantsetseg, who reside in Bayangol District, 19 horoo, Block 56, Apartment 28, Ulanbaatar, Mongolia, said their daughter was raised in St Petersburg, Russia, and educated in Beijing, China. Altantuya, who worked as a freelance interpreter and translator, was fluent in Russian, English, Chinese and Japanese, they added. They claimed that they incurred expenses of RM10,000 annually for medical treatment for her younger son, who was disabled and required constant medical attention, in a hospital in Beijing. Besides aggravated and exemplary damages, Altantuya's family also wanted interest, costs and other reliefs deemed fit and proper by the court.

ABOVE: Shaariibuu arriving with his entourage from Mongolia
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Former counsel alleges interference in Alatantuya murder case

SHAH ALAM (June 4, 2007): A former lawyer of one of the three accused in the Altantuya Shaariibuu murder case claimed he pulled outof the high-profile case because of "serious interference by third parties". Zulkifli Noordin, former counsel of Chief Insp Azilah Hadri, said there was serious interference by third parties in his preparation of the defence and trial which put him in a position of not being able to carry out his duty to defend his client to the best of his ability. "In addition, there were serious attempts by third parties to interfere with the defence that I propose to establish on behalf of my client for the purpose of protecting and for the benefit of certain parties. "I strongly believe, therefore, that to continue to act further for my client in the conduct of this case would compromise my principle and position as an officer of the court with my main task to uphold truth and justice without fear and favour," he said in a statement distributed to the local and foreign media gathered in the premises of the High Court here where the trial started today. Azilah, 30, and Kpl Sirul Azhar Umar, 35, are charged with murdering Mongolian Altantuya Shaariibuu, 28, in Bukit Raja between 10pm on Oct 19 and 1am on Oct 20 last year while political analyst Abdul Razak Abdullah Baginda, 46, is charged with abetting them.

There was a mad rush by the reporters for the statement when Zulkifli handed it out, causing the document to be torn. They also jostled for vantage point to hear his explanation. In the statement, Zulkifli said while he had full belief in his client's innocence, certain facts had come to his attention during his preparation for the trial that would compromise his acting further as Azilah's counsel, reports Bernama today.

He ended it by expressing regret that he had to discharge himself. Last week, lawyers Hamzan Ahmad and Kuldeep Kumar informed the court that Azilah had appointed them as counsel to replace Zulkifli who had discharged himself.

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STAR, Tuesday June 5, 2007; Policeman files notice of alibi

SHAH ALAM: One of the policemen accused of murdering Mongolian beauty Altantuya Shaariibuu is now saying that he was not at the crime scene. C/Insp Azilah Hadri filed a notice of alibi on May 25 and it has since been served on the prosecution. His lawyer Hazman Ahmad said that his client had a “strong alibi” and that he would be calling two to three witnesses to justify the claim. Serious allegation: Zulkifli leaving the Shah Alam High Court yesterday. He has cited ‘interference by third parties’ as the reason why he withdrew as defence counsel from the case.

The alibi issue cropped up at yesterday’s proceedings when Deputy Public Prosecutor Tun Abd Majid Tun Hamzah sought a month-long postponement of the case, as he had just taken over the case less than 24 hours ago. He said the notice of alibi served less than 10 days ago on the prosecution was one of the reasons he needed the deferment. “We are still investigating the claims stated in the notice of motion. “The prosecution wants to act on evidence in the hands of the police,” he said. Tun Abd Majid said that under Section 402A of the Criminal Procedure Code, the accused must give the prosecution at least 10 days’ notice to investigate the alibi.

Hazman said he took some time to file the notice as he had just taken over the case from the previous lawyer Zulkifli Noordin. Zulkifli, who discharged himself from acting for C/Insp Azilah last month, said he did it because “there were serious attempts by third parties to interfere with” his client’s defence “for the purpose of protecting and for the benefit of certain parties”. “While I have full belief in my client’s innocence, certain facts have come to my attention during my preparation of the trial that will render my acting further as my client’s lawyer to be compromised. “Further, there were serious interference by third parties in my preparation of the defence and trial which has put me in a position of not being able to carry out my duty to defend my client to the best of my ability,” Zulkifli said in a statement. He tried to have the statement read in court but was not allowed to. He later distributed copies of the statement outside the courtroom.