The
Court of Appeal has again put off hearing the appeal brought by two
police personnel sentenced to death for the October 2006 murder of
Mongolian national Altantuya Shaariibuu.
The hearing slated to be
heard in August had been put off as well in July, with the new hearing
dates fixed for Oct 31 and Nov 1.
Hazman Ahmad, counsel for Chief
Inspector Azilah Hadri, when contacted yesterday said the postponement
is indefinite, meaning that no fresh dates were fixed.
Hazman did not reply to
Malaysiakini's text message seeking the reason for the postponement.
When the earlier appeal hearing scheduled for Aug 27 was
postponed in July, the defence lawyers speculated that this was done because of the Hari Raya Aidilfitri celebration.
Azilah and Lance Corporal Sirul Azhar Umar have been languishing in jail since late October 2006.
They were in April 2009 sentenced to death for the murder of Altantuya after a 159-day trial.
The
written judgment was only released in March this year.
Yesterday's
sudden postponement of the appeal is seen as strange because only last
week Sirul's lawyers, Kamarul Hisham Kamaruddin and Hasnal Rezua
Merican, confirmed that the hearing would go on as scheduled.
Hasnal also told
Malaysiakini that the court had warned counsel then that no further postponement would be allowed.
At that time,
Malaysiakini
also sought a confirmation from a senior deputy public prosecutor
involved in the case and he replied in the affirmative, saying that the
Attorney-General's Chambers was busy preparing for it.
The tell-all session that wasn'tThe
postponement has added further intrigue into the murder case, which was
recently compounded with an invitation posted on the website of the
Foreign Correspondents Club of Thailand (FCCT), announcing a press
conference in Bangkok on Oct 22.
The mysterious invitation,
titled 'New revelations in the Altantuya murder', said former
inspector-general of police Musa Hassan would give the press conference.
Contacted last Saturday, Musa said he was
not aware
of the event. On Monday, the morning of the supposed press conference,
the FCCT issued a notice informing journalists that the event was
cancelled. No explanation was given.
The timing of the FCCT
invite may have been intentionally designed close to the Oct 31 appeal
hearing date, for the Altantuya murder is a politically explosive and
increasingly murky case.
At the time of her death, Azilah and
Sirul alternated as bodyguards to then-prime minister Abdullah Ahmad
Badawi and to Najib Abdul Razak, then-deputy prime minister and defence
minister, whose confidante Abdul Razak Baginda was charged with abetting
in the murder.
Eventually, Abdul Razak was acquitted without
his defence being called. However, to many observers, the bigger mystery
of the High Court trial was how the presiding judge, Justice Mohd Zaki
Md Yasin, had excluded the motive for the murder from his judgment.
The issue of human rightsPolitics
aside, the delays in the legal processes are also seen as depriving
Azilah and Sirul of their human rights, since prolonged incarceration of
death row prisoners is cruel and degrading, said a commissioner with
the Human Rights Commission (Suhakam), Khaw Lake Tee.
"It is a violation of Article 5 of the Universal Declaration of Human Rights," said Khaw (
right), who teaches law at Universiti Malaya.
Article 5 of the UDHR states: "No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment."
However,
lawyer Andrew Khoo, who is known for his work in human rights, said
Malaysian law does not provide a fixed time period to hear appeals in
cases where the death sentence has been passed.
He said that in some instances, the appeal process may take many years, causing death row inmates to languish in jail.
"Even
after the Federal Court rejects the appeal, the accused have a final
chance for clemency before the appeals boards of the various states,"
said Khoo.
Court can fast-track, if it wants toNevertheless, the court
can expedite
a hearing if it wants to, as seen in the recent case of the Selangor
government versus Syarikat Bekalan Air Selangor Bhd before the Federal
Court on Wednesday, in a dispute involving water tariff calculation.
The
Court of Appeal on Oct 8 ruled in favour of the Selangor government in
the dispute, prompting Syabas to file its notice for leave to appeal the
decision in the Federal Court on Oct 15.
Syabas was granted a
hearing date for the leave application within a day and the court papers
were served on the Selangor government on Oct 17, even before the Court
of Appeal handed out its written judgment.
Senior lawyers consulted by
Malaysiakini
said they have never seen such swift action from the court to decide on
hearing dates because such processes will normally take weeks, if not
months, and never in a day.
Selangor
Menteri Besar Abdul Khalid Ibrahim in his affidavit dated Oct 22
complained over this fact, and also pointed out that the written
judgment of the Court of Appeal had yet to come out.
Further, Khalid argued, his lawyers had just 24 hours to prepare their submissions.
Despite these arguments, the Federal Court on Wednesday went ahead and granted Syabas the leave it sought.
Like
the Altantuya murder trial, the Selangor Pakatan government's legal
battles against Syabas have political considerations, albeit to a lesser
degree.
However, the question remains as to whether the appeal
against conviction by Azilah and Sirul will be heard before the next
general election.