INSPECTOR-General of Police Razarudin Husain said the statement by Sirul Azhar Umar in an interview regarding his conviction in the murder of Mongolian Altantuya Shaariibuu in 2009 as unfounded and could create more speculation as he had been given the opportunity to defend himself in line with Malaysian laws and constitution.
“However, his (Sirul) claims were never submitted to any court that heard his case, from the High Court to the Federal Court.
“If he feels the need for justice and there is new evidence, Sirul or through his lawyer, can make a police report so that the authorities can take the necessary action,” he said today.
Razarudin said this when asked to comment on Sirul’s interview by an international media that was broadcast on television recently.
According to Razarudin, Sirul has not, until now, made any application to review the death sentence imposed on him in line with the Revision of Sentence of Death and Imprisonment for Natural Life (Temporary Jurisdiction of the Federal Court) Act 2023 (Act 847) which gives 90 days from September 12 for a death penalty offender to apply.
Meanwhile, when asked about Sirul’s release from detention in Australia after nine years in custody, Razarudin said Malaysia has an extradition agreement with the country.
“However, the death sentence meant Sirul Azhar could not be extradited because Australia does not recognise the penalty and also does not impose it,” he said.
According to Razarudin, one of the conditions for an extradition is that the offence must have dual criminality.
He said Malaysia has Mutual Legal Assistance with many countries, including Australia, through the Mutual Assistance In Criminal Matters Act 2002.
“The principle of dual criminality also applies in this act. This means it must be a criminal offence for both countries and also carries the same punishment.
“The latest legal development in Malaysia only involved the abolishment of the mandatory death penalty. Which means the death penalty still exists, only it is no longer mandatory and at the discretion of the Court,” he said.
Following the new development in Malaysian laws, he said, an offender who is awaiting execution can be given the opportunity to appeal.
“If Sirul wishes to return to Malaysia, he or his lawyer can apply for a review of the death sentence. If this is done, Malaysia can request for his extradition to serve his sentence in Malaysia,” he said.
Yesterday, Bukit Aman Criminal Investigation Department Director Mohd Shuhaily Mohd Zain was reported to have said that Sirul’s name is still on Interpol red notice list even though he had been released from the Australian immigration detention.
He said this was because there had been no instructions from any party to remove the name. – Bernama, November 25, 2023.
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