The clock has run out on a possible appeal against the acquittal of political analyst Abdul Razak Baginda, who had been charged with abetting in the murder of Mongolian national Altantuya Shaariibuu.
The prosecution had 14 days to file an appeal after Shah Alam High Court Judge Mohd Zaki Md Yasin delivered his ruling on Oct 31.
Checks with the court registry at 5pm today showed that no appeal has been filed.
Deputy public prosecutor Tun Majid Tun Hamzah (right) said the court had made a finding of fact, and he confirmed that the prosecution would not file an appeal.
“No further comments as there is an on-going trial,” he said when contacted
Mohd Zaki in his written judgment said: “Once the essential elements of abetment - by instigation, by conspiracy and by aiding - [...] are not proven on the basis of prima facie evidence, any other inferences and doubts that may have arisen must be resolved, as is trite, in favour of the accused person.
“It is not for the court to call for the defence merely to clear or clarify such doubts [...] I find there is no prima facie case for him (Abdul Razak, left) to answer his charge...”.
However, the judge ordered Special Action Squad police officers Azilah Hadri, 32, and Sirul Azhar Umar, 38, to enter their defence.
They are jointly accused of murdering Altantuya, 28, at a location between Lot 12843 and Lot 16735 in Mukim Bukit Raja, Selangor between 10am on Oct 19, 2006 and 1am the following day.
They have elected to testify under oath when the hearing resumes on Nov 10. Their other options were either to give a statement from the dock or to remain silent.
‘A big blow’
Veteran lawyer Karpal Singh, who is holding a watching brief for Shaariibuu Setev and the Mongolian government, described the prosecution’s decision as a big blow to his clients.
“It is truly unfortunate the prosecution is not filing an appeal against the High Court decision as I feel there was a prima facie case to be answered by Abdul Razak based on his affidavit,” he said.
“This is not beyond reasonable doubt where the judge can decide not to call Abdul Razak.
"The political analyst should be called to answer. Azilah and Sirul may not have done it alone without any instructions. Somebody else is behind it.”
Karpal said there will be repercussions as the international community will question Malaysia’s legal system.
“I believe there will be an international outcry as the Mongolian government and Shaariibuu may intend to bring this matter to the higher authorities.
“In fact, they have indicated to bring the matter to higher levels including the International Court of Justice. However, I think this may not be possible." - malaysiakini.com
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