THE Court of Appeal today granted the family of Mongolian Altantuya Shaaribuu copies of police statements recorded during her murder case, which can be used in their civil suit.

Justice Nor Bee Ariffin, who led a three-member bench, said the statements to be provided to Altantuya’s family included statements taken from persons, regardless of whether they were called as prosecution witnesses, including statements from two former policemen, Azilah Hadri and Sirul Azhar Umar, and political analyst Abdul Razak Baginda.

“We order that copies of Section 112 (of the Criminal Procedure Code) statements be provided to Altantuya’s family) within two weeks from the date of this order,” she said.

Nor Bee said police statements used in the criminal trial are not privileged documents.

In fact, she said the court did not see any danger of tampering with witnesses in the present case as Azilah and Sirul Azhar’s criminal case had long been concluded.

The bench, which also comprised justices Supang Lian and Mariana Yahya, had unanimously allowed the appeal brought by the family.

Altantuya’s parents, Shaariibuu Setev and Altantsetseg Sanjaa, as well as her son Mungunshagai Bayarjargal, had filed a RM100 million civil lawsuit against Azilah, Sirul Azhar, Razak and the Malaysian government on June 4, 2007, seeking exemplary and aggravated damages.

In their statement of claim, they alleged that Altantuya’s death had caused them mental shock and psychological trauma, entitling them to be compensated.

In the court’s decision delivered online, Nor Bee said Section 124 of the Evidence Act 1950 pertaining to non-disclosure of recorded statements did not apply in this case.

She said the Section 112 statements were necessary as the information contained in the statements would assist the family in advancing their case to prove the murder.

Nor Bee said the court should be mindful of the practical reality that changes could have taken place since then and the possibility of persons referred to not being traceable or some may have died, cannot be ruled out.

“The witnesses may refuse to be interviewed and some may have problems of recollection of events,” she said.

Azilah and Sirul Azhar were found guilty at Shah Alam High Court in 2009 for Altantuya’s murder, while Razak – who was charged with conspiring with Azilah and Sirul Azhar to kill the woman – was acquitted of the charge in October 2008 without having to enter his defence.

On August 23, 2013, the Court of Appeal acquitted Azilah and Sirul Azhar’s of the charge but this was overturned by the Federal Court on January 13, 2015.

Lawyer Sangeet Kaur Deo appeared for the family, while senior federal counsel Azliza Ali appeared for the government. – Bernama, September 24, 2021.