Azilah Hadri

Sivarasa: I didn’t coach or pay private eye Bala

PKR’s Subang MP R Sivarasa today denied the allegation of self-exiled blogger Raja Petra Kamaruddin that he coached private investigator P Balasubramaniam on his first statutory declaration related to murdered Mongolian Altantuya Shaariibuu.

In a lengthy blog posting today, Sivarasa said Raja Petra’s Aug 14 blog post contained “malicious fiction” and was the blogger’s “usual spin of mixing truth and fiction” for dramatic effect.

“Unfortunately for him, lies remain lies,” he said.

NONESivarasa (left) said it was true that Raja Petra, Balasubramaniam and he adjourned to an Italian restaurant after a meeting at lawyer M Puravalen’s house on July 2, 2008.

However, he said, they were at the restaurant as Puravalen had a “pre-arranged dinner commitment” with other friends, not to discuss any press conference.

“In fact, Bala was quite open about his SD and mentioned the content to the others present,” he said.

Sivarasa added that senior lawyer Americk Sidhu, who as Balasubramaniam’s lawyer, had drafted the first SD “after weeks of discussions and meetings with Bala”, was also present at the restaurant.

“It is quite far-fetched to suggest a scenario where I am coaching Bala in front of his own lawyer and people I had just met for the first time. Americk was also present at the press conference the next day at the PKR headquarters,” he said.

‘Why wasn’t Bala charged?’

Also “fiction”, he said, was Raja Petra’s claim that Balasubramaniam were well-acquainted with the police Special Action Force (UTK) officers Azilah Hadri and Sirul Azhar, who were found guilty of murdering Altantuya.

NONE“It is false that Bala knew Sirul or Azilah and that fact was made known to me and Puravalen.

“If Bala had truly known Sirul and Azilah, he would probably have been charged together with them,” Sivarasa said.

In fact, he added, Balasubramaniam was remanded for two weeks after Altantuya’s murder, but was released without being charged.

Sivarasa also denied claims that he had offered to arrange a financier for the private eye if he gave an interview to Malaysiakini to smear the names of businessman Deepak Jaikishan and Umno deputy minister Hamzah Zainuddin.

“I do not go around paying anyone to make false statements. I would have better use for the millions of ringgit that would have been needed to do that, which I don’t have in the first place.

Sivarasa added that Americk was also “fully aware of all the moves that Deepak and Hamzah made” and had documented the affair to expose the matter.

“He (Raja Petra) might also want to check with his own wife, Marina (Lee Abdullah) as she was present throughout,” he said.

Sivarasa also denied that PKR de facto leader Anwar Ibrahim had arranged for a Chinese tycoon to assist Balasubramaniam financially.

‘Raja Petra arranged funds for Bala’

“Americk has in fact informed me…that it was (Raja Petra) himself who organised some financial help for Bala after he uploaded the interviews that Bala did in Singapore in November 2009, which were widely reported on the Internet,” he said.

By then, he said, Balasubramaniam had already spent more than a year overseas.

Sivarasa said that Raja Petra in his blog post had also “mischievously” tried to discredit him by claiming that he did a U-turn by going against a company he had represented, now that PKR was in the government in Selangor.

“I have never represented Sri Aman Development against MBPJ or in any case for that matter. That is fiction… It is true that I acted for MBPJ when Sri Aman Development sued MBPJ in a judicial review.

“So (Raja Petra)’s words such as ‘U-turn’, ‘changed sides’, ‘turncoat’ are all interesting sounding, but in essence mischievous and false statements,” he said.

Sivarasa said the blogger’s insinuation that human rights NGO Suaram had coached Balasubramaniam on what to tell French investigators probing the Malaysian purchase of French submarines was also “foolish”.

“(Raja Petra) himself knew at all times that Bala gave his statement to the French investigators in the presence of his lawyer Manjeet Singh Dhillon, whose seniority, experience and public profile is well-known,” he said.

Altantuya murder duo’s appeal moved to October

The appeal of two police action force personnel sentenced to death for murdering Mongolian national Altantuya Shaariibuu has been put off to Oct 31 and Nov 1.

altantuya trial 160707 manoj kurupThe case was originally fixed to be heard in the Court of Appeal on Aug 27 and 28.

DPP Manoj Kurup (right) told Malaysiakini of the postponement after the case management today for the filing of additional grounds in the petition of appeal  of one of the appellants, Chief Inspector Azilah Hadri.

Azilah and Corporal Sirul Azhar Umar were found guilty by the High Court in Shah Alam in 2009 and passed the death sentence on them for Altantuya’s murder at the Puncak Alam forest reserve between 9.45pm on Oct 18, 2006, and 1am the next day.

Counsel J Kuldeep Kumar appeared for Azilah.

Kuldeep had applied for the postponement, saying the dates were not suitable as it was right after Hari Raya Aidilfitri and also, he and co-counsel Hazman Ahmad had to file additional grounds in Azilah’s petition.

Hari Raya is expected to fall on Aug 19 and 20. If the new date is to be Oct 31, this, too, would not be suitable, Kuldeep said, as it would be right after the Hari Raya Haji, which is expected to be on Oct 26.

The appeal has triggered a  lot of speculation, seen also as an indicator of when the 13th general election will be called as Altantuya’s murder has been tied with the Scorpene submarine purchase, which was sealed in 2002, during Prime Minister Najib Abdul Razak’s cabinet term as defence minister.

NONESuaram has filed legal action in Paris, France, on kickbacks paid in the purchase of the Scorpene submarine by Malaysia and it was reported last year that  Najib may be subpoenaed to testify in  the case.

It was also reported recently of there being links between Altantuya and the submarine purchase, despite earlier reports that she was never in France.

However, photographs of Altantuya in France that have since emerged suggest otherwise.

The appeal by Azilah and  Sirul Azhar had initially been delayed because High Court judge Mohd Zaki Md Yasin had not provided his written judgment – which was finally produced in March this year.

PKR: Explain delay in Altantuya’s killers’ appeal

PKR is demanding answers to why the appeal of Azilah Hadri and Sirul Azhar Umar, facing the hangman’s noose for the murder of Mongolian Altantuya Shaariibuu, has been delayed for over three years.

altantuya and son 050309Police special action force personnel – chief inspector Azilah and corporal Sirul – were found guilty and sentenced to death by the Shah Alam High Court on April 9, 2009 for killing Altantuya (left) between 10pm on Oct 19 and 1am on Oct 20, 2006 at Lot 12843 and Lot 16735 Mukim Bukit Raja near Puncak Alam, Shah Alam.

The delay of this public interest appeal case for more than three years is unusual and unacceptable,” said PKR vice-president N Surendran in a statement today.

The case drew wide attention, both locally and internationally, with the alleged  involvement of political analyst Abdul Razak Baginda, a close confidant of the then deputy prime minister Najib Abdul Razak, in the case.

Another ingredient drops into pot

Abdul Razak was charged with abetting the murder, however, he was acquitted when the High Court found that the prosecution had failed to furnish proof of an important element in the conspiracy charge.

Surendran’s queries come following Altantuya’s father Setev Shaariibuu’s, three-day visit to Kuala Lumpur to check on a civil suit he had filed on June 4, 2007 against the government, Abdul Razak and the two police personal seeking compensation for the physical and mental anguish suffered by his spouse and two grandchildren as a result of his eldest daughter’s death

hindraf to palace 250408 n surendranSurendran (left) said the lengthy delay of the two police officers appeal, fixed for hearing over the Aug 27-28 period, “is cruel and unjust”.

“The accused must remain on death row, in the shadow of the noose, until the appeal is disposed of,” he hit out.

He pointed out that Najib, who had denied knowing Altantuya was, however, linked to another case in France involving alleged illegal kickbacks of 36 million Euro (RM144 million) funnelled through a Hong Kong-based company – Terasasi (Hong Kong Ltd) – the principal officer of which is allegedly Abdul Razak, for three for Scorpene submarines contracts in 2002.

Najib’s persistent denial had kicked up a furore as Altantuya aside from her mother tongue  reportedly spoke fluent Mandarin, English, French, and Russian, worked as a translator in the procurement of the submarines and was also believed to be Abdul Razak’s jilted lover.

“Now further evidence has emerged that has implications for the pending appeal. The late Altantuya’s father has said in Malaysia this week that he has seen a photo of Najib with Altantuya in Paris,” said Surendran.

Surendran, who is also a human rights advocate, noted that the Azilah and Sirul appeared to have had no motive that could have driven them to kill Altantuya.

“If so, who ordered the killing? It is in the public interest that this appeal be heard expeditiously, preferably before the 13th general election; the public is entitled to answers before going to the ballot box,” he said.

Altantuya judgment: Murder motive ‘not essential’

The judge in the Altantuya Shaariibuu murder trial did not allude to the motive behind the killing of the Mongolian woman by two police officers in his written judgment, which was released recently following his verdict two years ago.

“Whatever the motive was, it is a matter of law that the motive, although relevant, has never been the essential to constitute murder,” said the Shah Alam High Court judge Mohd Zaki Md Yasin in his 70-page judgment.

razak baginda acquitted 311008 09He however noted that one of the three accused, Abdul Razak Baginda (right), may have had a motive to murder Altantuya as she was blackmailing him, but added it cannot be the basis to call for the political analyst’s defence.

Abdul Razak, a close confidant of then deputy premier Najib Razak, was acquitted without his defence being called.

However, two police special forces personnel – Chief Inspector Azilah Hadri and Corporal Sirul Azhar Umar – were found guilty and given the death sentence.

“The question for which I am to determine at this stage is who could have possibly been connected with the deceased’s death,” explained the trial judge.

“I begin by asking what was both the first (Azilah) and second accused (Sirul Azhar) doing at Hotel Malaya (where Altantuya, her cousin and a friend stayed) on Oct 18, 2006. All the more to be at the 8th floor, the same floor where the deceased’s room was located.”

altantuya trial 160707 azilahThe judge also questioned what Azilah’s instructions to Sirul was when Altantuya was transferred from a Proton Wira owned by L/Cpl Rohaniza Roslan (Azilah’s girlfriend) to Sirul Azhar’s Suzuki Vitara car before the second accused went to Bukit Aman, and why Azilah (left) was unusually quiet when Rohaniza later asked him about Altantuya.

“All the questions as aforesaid to my mind (are) taken together with the said respective evidence of Section 27 of the Evidence Act against Azilah which led to the discovery of the scene and the remains of the deceased, and of Sirul Azhar’s, leading to the discovery of the jewellery of the deceased, spent cartridge and traces of blood stain found in the second accused’s car.

“This have the cumulative effect of tending to connect both Azilah and Sirul Azhar to the charge against them,” ruled Zaki.

Judge rejects defence’s arguments

Zaki said that the manner surrounding the death of Altantuya was tragic, and “the perpetrators who did this despicable act of blasting the deceased must have intended to completely vanish the related evidence to thin air”.

altantuya razak baginda murder 050707 sirul azhar umarThe court was told that Azilah allegedly showed the police where Altantuya was blasted with military-grade C-4 explosives. However, the chief inspector denied having said this to the police, resulting in a trial within-a-trial.

Sirul Azhar (right), who served as a bodyguard in an elite police unit, was arrested during the murder investigation and brought back from Pakistan while he was accompanying the prime minister.

Altantuya’s jewellery were later found in Sirul Azhar’s home and a spent bullet cartridge was recovered from his car.

In the sensational trial, justice Zaki ruled Altantuya’s cause of death was due to “blast-related injuries”.

While Azilah testified on the witness stand that he was not at the crime scene but was at Wangsa Maju at the time of the alleged incident, Sirul Azhar in his elaborate unsworn statement described how he was made “a scapegoat” where he was asked by the police to show the jewellery found in his home.

altantuya razak baginda murder trial 010807 sirul jacket“At one point of time, one ASP Zulkarnain Samsudin was seen removing my jacket and was removing something from my jacket. He placed the jacket on the bed and placed the items (jewellery belonging to Altantuya allegedly found in Sirul’s jacket).

“Then ASP Zulkarnain asked me to point at the items. I told him I did not want to point and ASP Zukarnain said ‘you just show it Sirul’. At that point, my picture was taken with my finger pointing at the items,” said the accused in the unsworn testimony.

Defence was essentially one of denial

Justice Zaki had the full Bahasa Malaysia unsworn testimony in his judgment where among others, Sirul said he did not know the deceased and had no dealings with her and neither did he know Abdul Razak.

altantuya razak baginda murder 110707 sirul escortedSirul also claimed he had observed during the trial how several key prosecution witnesses from D9 (special investigation division) and IPK (police district headquarters) were creating stories and lying and was seen to be changing the version of their stories when cross-examined.

“I viewed this closely as I observed their actions were merely to gain a conviction against me as a scapegoat who would be sacrificed to protect their plan and to implicate me in this heinous crime.

“I did not have any motive to hurt or take her (Altantuya’s) life in such a vicious manner,” he said in a teary testimony.
Zaki, at the end of both the defence and prosecution, found the defence had essentially been one of denial, of blaming one another, and was irreconcilable and ambivalent.

“Consequently, they have failed to raise any reasonable doubt on the prosecution’s case. I am satisfied therefore that the prosecution has proved the case against both the first and the second accused beyond reasonable doubt.”

Accordingly, the judge found them guilty and convicted them as charged and sent them to the gallows.

Both Azilah and Sirul have since filed an appeal against their convictions and the Court of Appeal will be setting a date on Friday to hear the application.

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on Mar 7 2012. Filed under Main News.
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