03 October 2011

Why the delay of Altantuya Shaariibuu suit...

No progress has been made into hearing the civil suit against the government and those responsible for the death of Mongolian national Altantuya Shaariibuu in 2006.

Lawyer Karpal Singh said hearing of the suit filed by her father Setev on June 4, 2007 has been delayed as the two police personnel convicted of the murder have filed an appeal at the Court of Appeal.

The judge, according to Karpal, has yet to submit a written judgment.

"I can't see why the judge (cannot) finish writing his grounds ... It has been two years already," he noted.

"I have raised the issue in Parliament but just received a written reply, which is pointless."


Karpal said a lengthy delay in providing written judgments could pose a problem as the accused could then file an appeal in court.

"They can complain of prejudice - and whether the judge can remember what he heard during the case ... and is this why he is delaying his judgment.

“If they can show prejudice, then the court will reconsider their case. I had a case once where, eventually, a higher charge was substituted with a lower one.”

Karpal said he has written many times to the court for case management of the suit, but has yet to receive a response.

He plans to raise the matter again during the current sitting of Parliament, which begins today.

"The family has been writing to ask when the case will be heard but I continue to tell them that it will take time, as even the appeal case of the two (police personnel Azilah Hadri and Sirul Azhar) has not been settled yet," he added.

Should the two receive a ruling unfavourable to them, they could still take the matter up to the Federal Court, thus further delaying the hearing of the civil suit.

Setev and his wife Altantsetseg Sanjaa, are now the guardians of her children, one of whom suffers from a medical disorder.

They are suing the defendants for RM100 million for physical and mental anguish.


As executors of Altantuya's estate and on behalf of her dependents, they are also seeking special, aggravated and punitive damages.

source:malaysiakini

Karpal kecewa saman sivil Altantuya terus tertangguh

After 2 years, judgement on the Altantuya killers remains unwritten: Why?

cheers.

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