8 December 2020
Hidir Reduan Abdul Rashid
Published 11:48 amModified 1:56 pm
Former prime minister Najib Abdul Razak was not allowed to intervene in former police commando Azilah Hadri’s application to review his conviction and death sentence over the murder of Mongolian Altantuya Shaariibuu.
A five-person Federal Court bench chaired by Chief Judge of Malaya Azahar Mohamed unanimously dismissed the intervener application during open-court proceedings today.
The other members of the bench were Federal Court judges Mohd Zawawi Salleh, Vernon Ong Lam Kiat, Zaleha Yusof, and Zabariah Mohd Yusof.
The bench allowed Najib’s counsel Muhammad Shafee Abdullah to appear in the hearing of Azilah’s review application to hold a watching brief for Najib.
During proceedings, Shafee submitted that the former premier should be allowed to intervene.
Shafee argued that Najib’s legal rights were affected by Azilah’s review application, which was backed by an affidavit containing a serious allegation about Najib’s involvement in Altantuya’s murder.
In contrast, Azilah’s counsel Kuldeep Kumar and DPP Dusuki Mokhtar counter-submitted against the apex bench allowing the intervener bid.
They argued that the review was only over a criminal case between the applicant Azilah and the state, which has no effect on Najib.
On Oct 30, the Federal Court fixed today (Dec 8) to hear Najib’s application to intervene in former police Special Action Unit (UTK) officer Azilah’s review bid to quash his conviction and death penalty for the murder of Altantuya.
In reading out the ruling today, Azahar (photo) said it was clear that the interested parties in the matter were Azilah and the prosecution, not Najib.
Azahar noted that Najib would not be directly affected by the outcome of the review application as the former premier was never prosecuted over Altantuya’s murder.
“The proposed intervener (Najib) was never prosecuted and hence not an accused person.
“The proposed intervener would not be directly affected by any order of this court in the review application. The outcome of the review will not affect the proposed intervener.
“The proposed intervener’s legal right and interest is not connected to the subject matter of the review application.
Azilah filed his review application on Dec 5, last year, coupled with his 32-page statutory declaration, where he alleged that the order to kill Altantuya originated from then deputy prime minister Najib.
Azilah, 43, seeks an order to overturn his conviction and death sentence imposed by the Federal Court on Jan 13, 2015, as well as an order for a retrial of the case.