Putrajaya – Former prime minister Datuk Seri Najib Razak has failed in his bid to intervene in a review application filed by former police commando Azilah Hadri, who is seeking a retrial in the murder case of Mongolian Altantuya Shaariibuu.
A five-man bench at the Federal Court dismissed Najib’s motion to intervene after hearing submissions from parties here on Tuesday (Dec 8).
Chief Judge of Malaya Justice Azahar Mohamed, who chaired the bench, said the review was a matter between the public prosecutor and Azilah himself as the applicant.
The court noted that Azilah had applied for a review of his case pursuant to Rule 137 of the Rules of the Federal Court 1995 against the decision of the Federal Court dated Jan 13,2015, where the apex court overturned the decision of the Court of Appeal that acquitted him and reinstated the decision of the High Court that sentenced him to death for the murder of Altantuya.
“It is therefore clear that the interested party in this review application is Azilah himself and the public prosecutor.
“The proposed intervenor (Najib) was never prosecuted and therefore not an accused person, ” Justice Azahar said in the unanimous decision.
He added that the Pekan MP would not be directly affected by any order which would be made by the court in the review application.
“In other words, the outcome of the review application would not affect the proposed intervenor.
“Accordingly, we dismiss the proposed intervenor motion, ” Justice Azahar said.
The Chief Judge of Malaya also said that Najib’s lawyers were at liberty to appear before the court in the review application and hold a watching brief for him.
On Dec 5,2019, death row inmate Azilah filed the review application together with his 32-paged statutory declaration in which he claimed that the order to kill Altantuya came from Najib who was deputy prime minister then.
The 43-year-old is seeking to set aside his conviction and death sentence by the Federal Court on Jan 13,2015, and an order for a retrial.
In December last year, Najib’s lawyer Tan Sri Muhammad Shafee Abdullah told the media that his client denied any involvement in Azilah’s allegations.
Azilah and Sirul Azhar Umar, 47, were convicted and sentenced to death by the Shah Alam High Court in 2009 for Altantuya’s murder at Mukim Bukit Raja in Shah Alam between 10pm on Oct 19 and 1am the following day in 2006.
They were, however, discharged and acquitted by the Court of Appeal in 2013, which allowed their appeal to set aside their conviction and death sentence.
In 2015, the Federal Court overturned the acquittal of the two police commandos and restored the High Court decision that found them guilty of the offence. – The Star