PUTRAJAYA: The family of Mongolian Altantuya Shaariibuu, who was murdered in 2006, should be allowed to obtain statements recorded from those who were investigated by the police in connection with the case to be used in their civil suit, the Court of Appeal here heard today.
Lawyer Sangeet Kaur Deo appearing for Altantuya's father Shaariibuu Setev, his wife and their grandson submitted that the disclosure of documents sought by the family was in pursuit of their rights arising from her death.
She said the documents were in relation to an investigation in which the criminal trial had concluded, adding that there is no possibility of tampering with witnesses.
Sangeet said the statements under Section 112 of the Criminal Procedure Code sought by the family were not privileged documents.
Sangeet argued that the High Court judge had erred when he ruled that the statements sought by Altantuya's family were protected under Section 124 of the Evidence Act 1950 and that public confidence in investigative agencies would be undermined if such disclosure was granted.
The family of Altantuya -- Shaariibuu, Altantsetseg Sanjaa and their grandson, Mungunshagai Bayarjargal are appealing against the High Court's dismissal of their application to obtain the statements recorded from those who were investigated by the police in the criminal case in connection with the case, to be used in their civil suit.
They had filed a RM100 million civil lawsuit against two former policemen, Azilah Hadri and Sirul Azhar Umar, political analyst Abdul Razak Baginda 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.
Azilah and Sirul Azhar were found guilty by the Shah Alam High Court in 2009 for Altantuya's murder while Abdul Razak, who was charged with conspiring with Azilah and Sirul Azhar to kill the woman, was acquitted of the charge in Oct 2008 without having to enter his defence.
On Aug 23, 2013, the Court of Appeal allowed Azilah and Sirul Azhar's appeal and acquitted them of the charge but their acquittal was overturned by the Federal Court on Jan 13, 2015, following the prosecution's appeal.
In today's appeal proceedings conducted online, a three-member panel comprising Justice Datuk Nor Bee Ariffin, Datuk Supang Lian and Datuk Seri Mariana Yahya heard the appeal.
After hearing submissions from Sangeet and senior federal counsel Lim Yu Vynn, who appeared for the government, the court panel deferred its decision to a date to be fixed.
"We require time to consider the submissions and the new case laws that were submitted," said Justice Nor Bee, adding that the court would notify parties of the decision date.
Earlier in the appeal proceedings, Lim argued that the appellants (Altantuya's family) have not shown the relevancy of requiring the documents to be disclosed in the suit.
He said the documents sought by the appellants were very general and wide in nature, adding that they should specify which witness statement they were seeking.
-- BERNAMA
Bernama
Mon Jul 26 2021
![Lawyer Sangeet Kaur Deo appearing for Altantuya's father Shaariibuu Setev, his wife and their grandson submitted that the disclosure of documents sought by the family was in pursuit of their rights arising from her death. BERNAMA/File photo Lawyer Sangeet Kaur Deo appearing for Altantuya's father Shaariibuu Setev, his wife and their grandson submitted that the disclosure of documents sought by the family was in pursuit of their rights arising from her death. BERNAMA/File photo](https://resizer-awani.eco.astro.com.my/tr:w-177,h-100,q-100,f-auto/https://img.astroawani.com/2020-06/61591775518_IstanaKehakiman.jpg)
Lawyer Sangeet Kaur Deo appearing for Altantuya's father Shaariibuu Setev, his wife and their grandson submitted that the disclosure of documents sought by the family was in pursuit of their rights arising from her death. BERNAMA/File photo
![Jho Low gave impression of close ties with Najib - Tengku Rahimah Jho Low gave impression of close ties with Najib - Tengku Rahimah](https://resizer-awani.eco.astro.com.my/tr:w-177,h-100,q-100,f-auto/https://img.astroawani.com/2023-05/41685516815_TBJHOLOW.jpg)
Jho Low gave impression of close ties with Najib - Tengku Rahimah
Tengku Rahimah says Jho Low played a key role in TIA's early stages, proposing its setup and identifying growth sectors.
![Egypt plans to offer 'comprehensive proposal' to rebuild Gaza while Palestinians remain in Strip Egypt plans to offer 'comprehensive proposal' to rebuild Gaza while Palestinians remain in Strip](https://resizer-awani.eco.astro.com.my/tr:w-177,h-100,q-100,f-auto/https://img.astroawani.com/2025-02/51739356184_tbrubbleofbuilding.jpg)
Egypt plans to offer 'comprehensive proposal' to rebuild Gaza while Palestinians remain in Strip
Egypt says it is looking forward to cooperating with US President Donald Trump to reach comprehensive and just peace in the region.
![Malaysia exported RM288.23 mil palm oil and palm-based products to Central Asia in 2024 Malaysia exported RM288.23 mil palm oil and palm-based products to Central Asia in 2024](https://resizer-awani.eco.astro.com.my/tr:w-177,h-100,q-100,f-auto/https://img.astroawani.com/2025-01/51737690501_palmoil.jpg)
Malaysia exported RM288.23 mil palm oil and palm-based products to Central Asia in 2024
Central Asia is an important export destination for Malaysian palm oil, says Datuk Chan Foong Hin.
![GISB CEO, 21 others plead not guilty to being members of organised crime group GISB CEO, 21 others plead not guilty to being members of organised crime group](https://resizer-awani.eco.astro.com.my/tr:w-177,h-100,q-100,f-auto/https://img.astroawani.com/2025-02/81739350796_pengurusantertinggi.jpg)
GISB CEO, 21 others plead not guilty to being members of organised crime group
The charges provide for imprisonment of between five and 20 years upon conviction.
![Malaysian court orders government, analyst to pay damages in Mongolian murder case Malaysian court orders government, analyst to pay damages in Mongolian murder case](https://resizer-awani.eco.astro.com.my/tr:w-177,h-100,q-100,f-auto/https://img.astroawani.com/2025-02/71739344427_TBBAGINDAALTANTUYA.jpg)
Malaysian court orders government, analyst to pay damages in Mongolian murder case
Court orders Abdul Razak Baginda to pay a total of more than 9 million ringgit to the family of murdered Mongolian Altantuya Shaariibuu.
![Ten million Indians take holy dip on key day of Kumbh Mela festival Ten million Indians take holy dip on key day of Kumbh Mela festival](https://resizer-awani.eco.astro.com.my/tr:w-177,h-100,q-100,f-auto/https://img.astroawani.com/2025-02/51739347253_Sangam.jpg)
Ten million Indians take holy dip on key day of Kumbh Mela festival
Hindus consider this year's event even more significant as having the power to free them of the cycle of rebirth.
![Spain's former soccer chief Rubiales says player Hermoso consented to kiss Spain's former soccer chief Rubiales says player Hermoso consented to kiss](https://resizer-awani.eco.astro.com.my/tr:w-177,h-100,q-100,f-auto/https://img.astroawani.com/2025-02/71739338431_FormerSpanishsocce.jpg)
Spain's former soccer chief Rubiales says player Hermoso consented to kiss
Jenni Hermoso says she was pressured to agree to a statement downplaying the kiss.
![With Musk at his side, Trump orders US agencies to plan for 'large-scale' staff cuts With Musk at his side, Trump orders US agencies to plan for 'large-scale' staff cuts](https://resizer-awani.eco.astro.com.my/tr:w-177,h-100,q-100,f-auto/https://img.astroawani.com/2025-02/71739348200_ElonMuskDonaldTr.jpg)
With Musk at his side, Trump orders US agencies to plan for 'large-scale' staff cuts
The executive order was the latest effort by Donald Trump and Elon Musk to shrink and align the US govt with Trump's policy priorities.
![EPF denies claims regarding MAHB investment EPF denies claims regarding MAHB investment](https://resizer-awani.eco.astro.com.my/tr:w-177,h-100,q-100,f-auto/https://img.astroawani.com/2024-08/41725066033_KWSPEPF.jpg)
EPF denies claims regarding MAHB investment
In a statement today, EPF said that these claims are unfounded.
![Woman hits senior citizen on head with brick, escapes with gold chain Woman hits senior citizen on head with brick, escapes with gold chain](https://resizer-awani.eco.astro.com.my/tr:w-177,h-100,q-100,f-auto/https://img.astroawani.com/2024-09/51726380928_TBLOGOPDRM.jpg)
Woman hits senior citizen on head with brick, escapes with gold chain
According to police, the suspect approached the victim on the pretext of asking about a house for rent.
![Crypto: Understanding ETFs within Malaysia’s digital landscape Crypto: Understanding ETFs within Malaysia’s digital landscape](https://resizer-awani.eco.astro.com.my/tr:w-177,h-100,q-100,f-auto/https://img.astroawani.com/2025-02/61739341907_cryptocurrency.jpg)
Crypto: Understanding ETFs within Malaysia’s digital landscape
Cryptocurrency investing, once complex and volatile, is becoming more mainstream and regulated with the introduction of exchange-traded funds (ETFs).
![Canada appoints new fentanyl czar to coordinate fight against smuggling Canada appoints new fentanyl czar to coordinate fight against smuggling](https://resizer-awani.eco.astro.com.my/tr:w-177,h-100,q-100,f-auto/https://img.astroawani.com/2025-02/51739336468_TBKEVIN.jpg)
Canada appoints new fentanyl czar to coordinate fight against smuggling
Trump agreed to pause punitive measures on Canada for a month in exchange for a number of concessions, one of which was appointing new czar.
![Russia to deepen education, tourism, and diplomatic ties with Malaysia - Latypov Russia to deepen education, tourism, and diplomatic ties with Malaysia - Latypov](https://resizer-awani.eco.astro.com.my/tr:w-177,h-100,q-100,f-auto/https://img.astroawani.com/2024-11/71731071199_NaiylLatypov.jpg)
Russia to deepen education, tourism, and diplomatic ties with Malaysia - Latypov
Russia aims to enhance student exchange programmes, increase educational grants, and boost tourism engagement.
![Novelist Salman Rushdie faces his accused stabber in New York courtroom Novelist Salman Rushdie faces his accused stabber in New York courtroom](https://resizer-awani.eco.astro.com.my/tr:w-177,h-100,q-100,f-auto/https://img.astroawani.com/2025-02/81739332435_HadiMatar.jpg)
Novelist Salman Rushdie faces his accused stabber in New York courtroom
Hadi Matar has pleaded not guilty to charges of second-degree attempted murder and second-degree assault.
![[COLUMNIST] Bridging mental health and public safety: Enhancing Malaysia’s MyPCVE framework [COLUMNIST] Bridging mental health and public safety: Enhancing Malaysia’s MyPCVE framework](https://resizer-awani.eco.astro.com.my/tr:w-177,h-100,q-100,f-auto/https://img.astroawani.com/2024-10/51728873693_EMIR.jpg)
[COLUMNIST] Bridging mental health and public safety: Enhancing Malaysia’s MyPCVE framework
As depression rises and lone-wolf threats persist, integrating mental wellness into the MyPCVE framework is key to a safer future.
![Proposal to streamline gov't agencies to be presented to Cabinet - PM Proposal to streamline gov't agencies to be presented to Cabinet - PM](https://resizer-awani.eco.astro.com.my/tr:w-177,h-100,q-100,f-auto/https://img.astroawani.com/2025-02/41739332292_AnwarIbrahim.jpg)
Proposal to streamline gov't agencies to be presented to Cabinet - PM
The proposal to streamline several govt agencies is to address the issue of overlapping functions, says Datuk Seri Anwar Ibrahim.
![PM wants Ipayment expanded to all ministries, departments by March PM wants Ipayment expanded to all ministries, departments by March](https://resizer-awani.eco.astro.com.my/tr:w-177,h-100,q-100,f-auto/https://img.astroawani.com/2025-02/41739327892_AnwarIbrahim.jpg)
PM wants Ipayment expanded to all ministries, departments by March
The iPayment plays a key role in driving digital transformation in the public sector towards a cashless community, PM says.
![SPM 2024 conducted smoothly - MOE SPM 2024 conducted smoothly - MOE](https://resizer-awani.eco.astro.com.my/tr:w-177,h-100,q-100,f-auto/https://img.astroawani.com/2025-01/61735785604_CalonSPM.jpg)
SPM 2024 conducted smoothly - MOE
The Sijil Pelajaran Malaysia was conducted smoothly, with 402,956 candidates sitting for the exam at 3,337 centres nationwide.
![Five vehicles destroyed after fireworks stall catches fire in Cheras Five vehicles destroyed after fireworks stall catches fire in Cheras](https://resizer-awani.eco.astro.com.my/tr:w-177,h-100,q-100,f-auto/https://img.astroawani.com/2025-02/81739308161_GeraiMercun.jpg)
Five vehicles destroyed after fireworks stall catches fire in Cheras
The fireworks stall was completely engulfed in flames, which spread and caused five vehicles to catch fire.
![Trump presses Jordan to take in Palestinians from Gaza; king opposes displacement Trump presses Jordan to take in Palestinians from Gaza; king opposes displacement](https://resizer-awani.eco.astro.com.my/tr:w-177,h-100,q-100,f-auto/https://img.astroawani.com/2025-02/61738647689_DonaldTrump.jpg)
Trump presses Jordan to take in Palestinians from Gaza; king opposes displacement
Trump stands firm on relocating Gaza residents and turning the war-torn area into a "Riviera of the Middle East."