KUALA LUMPUR – The Royal Malaysia Police regarded the statement by former police commando Sirul Azhar Umar in an interview with international media regarding his conviction in the murder of Mongolian Altantuya Shaariibuu in 2009 as unfounded and could create more speculation.
Inspector-General of Police Tan Sri Razarudin Husain said Sirul had been given the opportunity to defend himself in line with Malaysian laws and constitution.
“However, his (Sirul’s) claims were never submitted to any court that heard his case, from the high court to the Federal Court.
“If he is convinced and feels the need for justice and there is new evidence, Sirul, or through his lawyer, can make a police report so that the authorities can take the necessary action,” he said today.
Razarudin said this when asked to comment on Sirul’s interview by an international media outlet that was broadcast on television recently.
According to Razarudin, Sirul has not, until now, made any application to review the death sentence imposed on him in line with the Revision of Sentence of Death and Imprisonment for Natural Life (Temporary Jurisdiction of the Federal Court) Act 2023 (Act 847), which gives 90 days from September 12 this year for a death penalty offender to apply.
Meanwhile, when asked about Sirul’s release from detention in Australia after nine years in custody, Razarudin said Malaysia has an extradition agreement with Australia.
“However, the death sentence imposed on him meant that Sirul could not be extradited to Malaysia.
“This is because Australia does not recognise the death penalty and does not impose the death penalty on criminal offenders in the country,” he said.
According to Razarudi, one of the conditions for an extradition agreement to be implemented is that the offence must have dual criminality.
He said Malaysia has mutual legal assistance with many countries, including Australia, through the Mutual Assistance in Criminal Matters Act (MACMA 2002).
“However, the principle of dual criminality also applies in this act. This means that an offence must be a criminal offence for both countries and also carry the same punishment.
“The latest legal development in Malaysia only involved the abolishment of the mandatory death penalty. This means that the death penalty still exists in Malaysia, only that it is no longer mandatory and at the discretion of the court,” he said.
Following the new development in Malaysian laws, he said, a criminal offender who has been sentenced to death and is still awaiting the execution of the sentence can be given the opportunity to apply to the court to appeal against the death sentence.
“If Sirul wishes to return to Malaysia, he or his lawyer can apply for a review of the death sentence. If this is done, Malaysia can request his extradition for him to serve his sentence in Malaysia,” he added.
Yesterday, Bukit Aman Criminal Investigation Department director Datuk Seri Mohd Shuhaily Mohd Zain was reported to have said that Sirul’s name is still on the International Police’s red notice list even though he had been released from Australian immigration detention.
He said this was because there had been no instructions from any party to remove the name from the list. – November 25, 2023