SHAH ALAM: Karpal Singh has dragged Abdul Razak Baginda back into the Altantuya Shariibuu murder trial after filing a judicial review of the attorney-general’s decision not to appeal against his acquittal.
The DAP chairman filed the application at the Shah Alam High Court on behalf of the applicant, Shariibuu Setev, who is the father of the deceased, on the grounds that it is in the public interest and the family of the deceased.
“The applicant has lost a daughter and is responsible for the upbringing of her two young children, one of whom is physically challenged. The applicant’s legitimate expectation for justice should be given the highest premium and fulfilment,” the application reads.
Abdul Razak, whose ties to Deputy Prime Minister Datuk Seri Najib Razak had turned this into a high-profile case, was acquitted of abetting in the murder of his Mongolian mistress on Oct 31 and the AG had 14 days to file an appeal.
The move will come as a huge blow to both Abdul Razak and Najib.
The former has told the press that he is seeking to move on with his life and complete a doctorate in Oxford.
Najib, who will become prime minister after the Umno party polls in March, will want to put to rest any links to the murder trial as he seeks to rebuild and strengthen his Barisan Nasional coalition.
The review seeks to quash the decision by the Attorney-General Tan Sri Abdul Gani Patail not to appeal against Justice Datuk Mohd Zaki Yassin's acquittal of Abdul Razak without calling for the his defence.
It further asks the court to rule that an order of mandamus be issued to compel Abdul Gani to apply for an extension of time to appeal the decision and thereafter, to apply to the Court of Appeal for a warrant that Abdul Razak be remanded or admitted to bail pending the disposal of the appeal.
The application in fact, will ask if the courts has the jurisdiction to rule on the AG's discretion in the matter as stated in the Federal Constitution.
“The AG’s discretion cannot be absolute. He must act fairly and reasonably and not arbitrarily. If the King and rulers are subject to law, then I cannot see how the AG is exempted to act as he pleases without question,” Karpal said.
Shannon Teoh
The Malaysian Insider
24/12/08
The DAP chairman filed the application at the Shah Alam High Court on behalf of the applicant, Shariibuu Setev, who is the father of the deceased, on the grounds that it is in the public interest and the family of the deceased.
“The applicant has lost a daughter and is responsible for the upbringing of her two young children, one of whom is physically challenged. The applicant’s legitimate expectation for justice should be given the highest premium and fulfilment,” the application reads.
Abdul Razak, whose ties to Deputy Prime Minister Datuk Seri Najib Razak had turned this into a high-profile case, was acquitted of abetting in the murder of his Mongolian mistress on Oct 31 and the AG had 14 days to file an appeal.
The move will come as a huge blow to both Abdul Razak and Najib.
The former has told the press that he is seeking to move on with his life and complete a doctorate in Oxford.
Najib, who will become prime minister after the Umno party polls in March, will want to put to rest any links to the murder trial as he seeks to rebuild and strengthen his Barisan Nasional coalition.
The review seeks to quash the decision by the Attorney-General Tan Sri Abdul Gani Patail not to appeal against Justice Datuk Mohd Zaki Yassin's acquittal of Abdul Razak without calling for the his defence.
It further asks the court to rule that an order of mandamus be issued to compel Abdul Gani to apply for an extension of time to appeal the decision and thereafter, to apply to the Court of Appeal for a warrant that Abdul Razak be remanded or admitted to bail pending the disposal of the appeal.
The application in fact, will ask if the courts has the jurisdiction to rule on the AG's discretion in the matter as stated in the Federal Constitution.
“The AG’s discretion cannot be absolute. He must act fairly and reasonably and not arbitrarily. If the King and rulers are subject to law, then I cannot see how the AG is exempted to act as he pleases without question,” Karpal said.
Shannon Teoh
The Malaysian Insider
24/12/08
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