Dad inches towards judicial review

A leave application by Setev Shaariibuu, the father of murdered Mongolian Altantuya Shaariibuu, has been fixed for mention on Sept 2 to give his lawyer Karpal Singh time to submit a reply.

It seeks to compel the prosecution's decision to not appeal against the acquittal of political analyst Abdul Razak Baginda, who had been accused of abetment in the murder.

Setev (left) also wants the court to direct the attorney-general (AG) to use his discretionary powers under Article 145(3) of the federal constitution to apply for leave to file an appeal.

He had filed for the judicial review on Dec 24 last year to compel the AG to appeal against Abdul Razak's acquittal.

Setev's application had come to a standstill last month when the Judicial Commissioner Noraini Abdul Rahman of the Shah Alam High Court ruled that the case can only proceed after written submissions are made.

On Oct 31 last year, High Court judge Mohd Zaki Md Yasin had acquitted Abdul Razak, 49, without calling for his defence.

The judge had ruled that the prosecution had not proven a prima facie case, as a sworn affidavit by Abdul Razak was not rebutted.

However, two special action force members - Azilah Hadri, 33, and Sirul Azhar Umar, 37 - were later found guilty of the murder and sentenced to death. They have filed separate appeals.
(Source: Mkini - Support Mkini - Subscribe to Mkini!)