PUTRAJAYA (Aug 27): The Court of Appeal has fixed Sept 23 as the date to deliver its decision on the discovery application by the family of Altantuya Shaariibuu (pictured), who filed a RM100 million suit over her gruesome death 15 years ago.
The date was fixed following case management before deputy registrar Radzaliwatee Abdul Rahman today.
The family's counsel Sangeet Kaur Deo has confirmed the date of the decision with theedgemarkets.com.
Sangeet submitted on July 26 that the family is entitled to obtain the statements of witnesses recorded by the police in the case to help them in the ongoing civil trial.
She said that it had been 15 years since the murder, and the criminal trial and appeals had long concluded.
"The Section 112 of the Criminal Procedure Code statements should be made available to us. These statements are from the witnesses called by the prosecution or those not called by them. These documents should not be considered as privileged documents anymore as the trial and investigations are done with,” said the counsel.
The government's senior federal counsel Lim Ju Vynn in reply maintained that such recorded statements are considered privileged documents and cannot be exposed to third parties.
Presiding High Court Judge Datuk Vazeer Alam Mydin Meera disallowed the recorded statements from the criminal trial to be used in the civil trial as they are considered privileged documents in July last year, resulting in this appeal.
Justice Vazeer has now been elevated to the Court of Appeal, but is still presiding over the civil trial.
Altantuya's family — led by her father Dr Shaariibuu Setev, her mother and her two children — filed the suit in 2007, almost a year after the Mongolian was murdered atop a hill in Puncak Alam between 10pm on Oct 18 and 1am on Oct 19, 2006.
They named Chief Inspector Azilah Hadri, Corporal Sirul Azhar Umar, political analyst Abdul Razak Baginda and the Malaysian government as defendants.
Abdul Razak was acquitted without his defence called by the High Court, while both Azilah and Sirul were convicted and sentenced to death in 2015.
However, Sirul managed to leave the country before the Federal Court decision in 2015, and is now being held at the Australian immigration centre in Wollongong.
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