Will the Federal Court uphold the acquittal of two former special action unit (UTK) personnel on a charge of murdering Mongolian model Altantuya Shaariibuu?
Come Tuesday, the highest court in the country has the answer and will deliver its verdict on the prosecution's appeal against the acquittal of Chief Inspector Azilah Hadri, 39, and Corporal Sirul Azhar Umar, 43.
This is the final appeal at the apex court for the case originated from the High Court.
The decision on the high-profile murder case would be delivered by a five-member panel led by Chief Justice Tun Arifin Zakaria who heard the appeal for three days from June 23 last year and reserved their decision.
Presiding with him were Chief Judge of Sabah and Sarawak Tan Sri Richard Malanjum and Federal Court judges Tan Sri Abdull Hamid Embong, Tan Sri Suriyadi Halim Omar and Tan Sri Ahmad Maarop.
The prosecution is appealing against the Aug 23, 2013 decision of the Court of Appeal in acquitting the two policemen.
The Court of Appeal had allowed the policemen's appeal to set aside the 2009 Shah Alam High Court's decision in finding them guilty for the woman's murder and sentencing them to death.
Former political analyst Abdul Razak Baginda, 54, who was charged with abetting Azilah and Sirul Azhar, was acquitted by the High Court on Oct 31, 2008 after it (the high court) held that the prosecution failed to establish a prima facie case against him.
The prosecution did not appeal against his acquittal.
The Court of Appeal in a 47-page judgment held that circumstantial evidence adduced by the prosecution were insufficient to sustain the finding of guilt of the two policemen.
It said their guilt had not been satisfactorily proven, thus the court was constrained to give them the benefit of the doubt.
The High Court when convicting the duo said the defence of each of the accused was essentially one of denial, blaming one another, irreconcilable and ambivalent.
Bernama
Mon Jan 12 2015
A 2013 filephoto of the suspects involved in the Altantuya (insert) murder case.
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