Written by: Averroes
(1.0) The Last Trial of Azilah and Sirul
One of the country's most contentious criminal case was in Public Prosecutor v Azilah bin Hadri & Anor, [2015] 1 MLJ 617, involving the death of a Mongolian, Altatunya Shaariibuu.
It triggered a ripple effect that politics and important figures were implicated. The Federal Court, Malaysia's apex court unearthed the chronology that lead to her death from Altatunya's arrival in Malaysia.
It began when 11 days prior to her death, she came to Malaysia to meet Abdul Razak Baginda (Baginda), whom she had an affair with. However, Baginda was then accused of abetting her murder, but was later acquitted and the prosecution team did not appeal the decision.
This caused havoc and anger from the rakyat.
Baginda was charged, because had ordered the respondents, (Azilah and Sirul) to protect his house. Due to this, it was assumed that the order to defend his house, included potentially murdering Altatunya.
As Altatunya later came to Baginda's house, both Azilah and Sirul took her away into a car and drove her to Bukit Aman. After that, they took her to a hilly and forested area in Puncak Alam. They then brutally murdered her by firing gun shots and exploded her body with explosives.
When a police report of missing person were lodged, they found her bone, hair and tissues at the crime scene.
(1.1) Decision of the Federal Court
Azilah:
Court found that Azilah had indeed murdered Altatunya, His alibi that he dropped her off at Bukit Aman to acquire a Glock pistol, went to Wangsa Maju to and fro, and then went to Putrajaya to escort the Deputy Prime Minister, Najib Razak was not proven.
In essence, Azilah was trying to say that he was not there when the murder happened. This is because, to retrieve the Glock pistol, Azilah had to get a person to write down his details in an entry book. Hence, unless Azilah could find the person who wrote his entry, only then an alibi was established.
It was more apparent, that in his call logs on his phone, it showed the date, time and place of Azilah. The last position was at Puncak Alam, thus it was obvious that no calls were made to him to go to Bukit Aman or Wangsa Maju to escort Najib.
Lastly, it is strange that Azilah could show the police were Altatunya's remains were found. It could not have been a coincidence. If he knew where she died, then it is highly probable that he committed the murder.
Sirul:
For Sirul, the court held that he also knew and brought the police to same location of the crime scene. Meaning, if he knew the crime scene before the police, he must have brought Altatunya to murder her there.
Moreover, he could not explain how he had Altatunya's jewellery in a jacket at his house and a blood stained slipper in his car. He also pinned the blame on Azilah and said that, he left Azilah together with Altatunya outside Baginda's house.
This was impossible, he must have been together with Azilah and Altatunya, because his car also had a Touch N' Go card proving that he went through the Kota Damansara Toll Plaza to Puncak Alam.
(2.0) Motive of the Murder of Altatunya
Until today, we will never know the reason or motive why Azilah and Sirul would murder Altatunya. It is very peculiar, because how can they suddenly have a relationship with her in the first place. They're just normal police guards, while she is a translator.
What's the connection?
Clearly, someone must have instructed them both to murder her. The closest truth that we can get is in the case of A. Santamil Selvi a/p Alau Malay @ Anna Malay & Ors v Dato' Sri Mohd Najib bin Tun Abdul Razak & Ors [2015] MLJU 185;
Here, Balasubramaniam (the deceased) was the private investigator of Baginda to protect him and his family, as they were harassed by Altatunya. He released the first ever statutory declaration (SD1) claiming the following below;
Altatunya was promised certain commissions related to her involvement as a translator in a submarine deal with the Malaysian Defence Ministry and French Manufacturers.
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Here, it is speculated by the deceased that Altatunya would blackmail Baginda, her lover to expose the corruption in the submarine deal, unless she was given the commissions.
Due the harassment and blackmail, that may be the reason why she was murdered to cover up the corruption. However, Balasubramaniam then retracted the SD1 and made a new statutory declaration (SD2) to reject the earlier one, because it was said that he was forced to draft the SD1.
However, it is inferenced that Balasubramaniam had to retract the SD1 on fears of his safety and his family, thus he had to make the new SD2, and then move into exile and be given money to be silenced. The discussions to make the new SD2 was done at the 'Curve' complex in Mutiara Damansara.
The Curve, where the lawyers drafted the new SD2 for Balasubramaniam
The creation of the SD2 was alleged to have been involving Najib Razak, Rosmah, his family members and other lawyers. Najib and Rosmah at Sri Satria, told the lawyers to meet Balasubramaniam to draft a new SD2, rejecting the earlier SD1.
This was to protect Najib's reputation and images as the Deputy Prime Minister at the time and to allay suspicion of his involvement in the Scorpene deal and affair with Altatunya.
The Sri Satria, Putrajaya, where Deputy Prime Minister, Najib Razak used to live
They, the lawyers later then met him at a restaurant in Rawang, then booked a room at the Hilton Hotel near KL Sentral to draft the SD2 and send it to Balasubramaniam to be signed inside that room. Once it is signed, the SD2 will be given to other lawyers at the hotel's lobby.
Afterwards, a press statement denying the SD1 is to be made. During that time, the lawyers represented Balasubramaniam and distributed the new SD2 at Prince Hotel, Jalan Conlay Kuala Lumpur that he retracted the SD1.
It was done during a press conference, as the new SD2 were given to the reporters.
Then the lawyers helped them to go to exile by first going to Singapore, Bangkok, Kathmandu, New Delhi and lastly Chennai, where he lived there until his death.
The family filed for damages against Najib and the other respondents in order to live in India, from their accommodation rent, school fees, anguish and mental trauma, as well as air transportation, all amounting to RM840,000, due to the 'tort of conspiracy'.
Tort of conspiracy is alleged to occur, when Najib, Rosmah and the lawyers gang up to threaten Balasubramaniam to sign the SD2 or that his family would be exposed to danger. He was stuck inside the hotel room without his own lawyer to advise him.
That would result in the damage or injury to the plaintiffs, including his family which is anguish and mental pain to evacuate Malaysia.
However, court held that everything that the deceased's family say about the chain of events were all hearsay and that the SD2 were not drafted through tort of conspiracy, nor he was forced to sign it. They do not have evidence to back up their allegations.
In fact, between 2008-2013, the family was still in Malaysia and that Balasubramaniam still commuted between India and Malaysia regularly.
Until today, all allegations by Balasubramaniam that Najib and Rosmah were involved to instruct the murder of Altatunya are false. Well... for now.
(3.0) Was Rosmah really involved?
Since Rosmah was implicated by Balasubramaniam, she was also implicated by a blogger by the name of Raja Petra bin Raja Kamaruddin (Raja Petra) in another Statutory Declaration (SD).
He said that Rosmah Mansor, Colonel Aziz Buyong (a C4 expert) and his wife, Norhayati (Rosmah's ADC) were at the crime scene in Puncak Alam. However, the three of them sued Raja Petra for defamation.
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This what was seen in the case of Leftenan Kolonel Abdul Aziz bin Buyong & Anor v Raja Petra bin Raja Kamarudin [2012] MLJU 1347;
When Raja Petra issued the SD, it went into local newspapers which resulted in the defamation, which made people feel disgusted of them and ruined their reputation for involving in a murder, as they exploded Altatunya with C4 bombs.
As a consequence, Raja Petra was sued to pay RM2 million to the three of them. He defended himself that the contents of the SD were true, fair comment, in good faith and for public interest.
While being sued, Raja Petra was in England and did not want to return to Malaysia until Malaysia had a new government.
Raja Petra Kamarudin
The High Court held that the application by Rosmah and the other two were dismissed and they later appealed to the Court of Appeal. This was due to a technical error by not applying leave to the court, and not changing their plead to include malice and mala fide by defendant.
It was dismissed, not because of defamation was not proven. However, there are no Court of Appeal decisions or Federal Court in this case. It is believed that they did not wish to continue to sue Raja Petra anymore.
Does this mean what Raja Petra said is true?
Not necessarily, because the truth or what he said is not verified or confirmed to be legit yet. It may still be defamatory till this day
(4.0) What's next?
While there are so many 'illuminati conspiracies' surrounding the Altatunya case and the supposed involvement of our former Prime Minister, we will never know what was the reason Azilah and Sirul murdered Altatunya.
It is illogical and weird, again since what do both of them have to do with Altatunya, they're just the police, unless they were ordered to kill.
Is it coincidental that Azilah, works as a person to escort Najib and that Baginda, closely related to Najib as well, instructed both Azilah and Sirul to protect to his house from Altatunya?
Surely, Najib and Baginda must have given the greenlight somehow, maybe or not...
In the last moments of shrouded mystery, as Azilah was sentenced to death, he made an SD claiming that he was given orders by Najib to "Shoot to kill" with a gesture of slitting a throat, on 19th October 2019 at Kajang prison.
Penjara Kajang, where Azilah is imprisoned to be hanged to death
It was an order to execute Altatunya as she was harassing Najib and Baginda at his house in Bukit Damansara and that she was a 'national threat'. She knew too much of the country's secrets and was intelligent. Azilah suggested to make a police report instead, but was debunked as it could 'cause a scene across the country'.
Thus, he was further instructed to dispose the body through explosives and not to leave any remnants or evidence.
From his statement, it could mean one or two things. Either the order to kill was to protect Malaysia's sovereignty or it was a ruse to protect Najib's and Baginda's image and reputation from corruption. His full SD could be found here.
For Sirul, he managed to escape to Australia before the Federal Court decision. He was a free man during that time as the Court of Appeal found him innocent. Now, he is currently under detention by the Australian immigration.
He will not be extradited back to Malaysia, since Australia does not allow the return of a convict to face the death penalty. While in detention, he confessed that he was under 'order to kill' and that the man responsible is still free.
(5.0) Conclusion
Azilah and Sirul are clearly scapegoats in this conundrum. Why would they both, who have nothing to do with Altatunya kill her?
If it was robbery, just because Sirul had her jewellery, it made no sense?
Someone must have ordered them to kill and that police report should be lodged on the mastermind and appeal to the acquittal of Baginda to determine once and for all, what was the main motive of the murder.
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