How Sirul's Detainment In Australia Could Be His Best Bet To Remain Alive
Sirul Azhar Umar seemed to have manipulated two country laws to his advantage and found himself a ticket out of the death penalty. With his life at stake, will the dangerous game he is playing work?
By Hew Lee Yee — 23 Jan 2015, 01:24 PM — Updated almost 10 years ago
Who is Corporal Sirul Azhar Umar? He is one of the two former elite Special Action Squad commandos, besides Azilah Hadri, who are charged for the gruesome murder of Altantuya back in October 2006.
In 2009, the duo formerly with the police’s Special Action Unit (UTK) were found guilty of murdering Altantuya in Mukim Bukit Raja in Klang between 10pm on October 19, 2006 and 1am on October 20, 2006.
themalaymailonline.com
Originally acquitted back in 2013, the two men were freed from prison. In a recent ruling, however, the court decided to reverse the acquittal and sent them back to the death row.
The Federal Court reversed today (13 Jan) the acquittal of two men over the high-profile 2006 murder of Mongolian model Altantuya Shaariibuu, sending them back to the gallows in the end to the eight-year saga. The decision by a panel of five judges chaired by Chief Justice Tun Arifin Zakaria was unanimous.
“The Court of Appeal order is set aside. The order of conviction and mandatory death sentence by the High Court are restored,” Tan Sri Suriyadi Halim Omar said in delivering the verdict.
Former police commandos Chief Inspector Azilah Hadri, 39, and Corporal Sirul Azhar Umar, 43, previously won their acquittal in 2013 and walked out of prison as free men. In the August 23, 2013 acquittal, the Court of Appeal ruled that the High Court trial judge’s misdirection had rendered the duo's 2009 death sentence and conviction unsafe.
themalaymailonline.com
During the sentencing on 13 January 2015, Sirul, 43, was missing in action. His lawyer claimed to have lost contact with him for six months, with no clue about his wherabouts.
Kamarul Hisham, the lawyer who represents Sirul, confirms that he has lost contact with his client for six months. "The last time I was contacted by my client was probably a week after the hearing in the Federal Court (from June 23 to June 25, 2014), after that (I couldn't) contact (Sirul)," he says. "I have absolutely no idea where he is."
malaysiakini.comAnonymous sources reported that Sirul had fled to Australia. His escape to Australia was said to be "necessary" and that he was already anticipating the death sentence.
According to the source, Sirul Azhar knew the court would be delivering its judgement today (13 Jan) but did not have enough money to return to Malaysia. The source said he went abroad two months ago and when asked by BERNAMA whether his no-show was because he had anticipated the verdict, the source's reply was: "It (verdict) is not something that can be expected but however it was necessary for Sirul Azhar to be overseas."
bernama.com
The court issued an arrest warrant out for him. Interpol was also called into the picture and a Red Notice was issued to locate and extradite Sirul from Australia.
Sirul did not show up to hear the verdict, at which point the court issued an arrest warrant.
reuters.com
Interpol has issued a red notice for Sirul Azhar Umar, who was sentenced to death for the murder of Mongolian translator Altantuya Shaariibuu.
A red notice signifies authorities are attempting to seek the location and arrest of wanted persons with a view to extradition or similar lawful action.
themalaysianinsider.com
Just a day after the Red Notice was issued, Sirul was arrested by Australian immigration officials and was detained in Brisbane
Former police commando Sirul Azhar Omar has been detained by immigration officials in Queensland, Australia over his conviction for the murder of Mongolian Altantuya Shaariibuu, ABC News reported today.
themalaymailonline.com
The report said Sirul, 43, was taken into custody by immigration officials in Brisbane overnight after an Interpol red notice was issued.
thestar.com.myHe may have been arrested by the authorities, but there is a catch, a huge one. It seems like Sirul will not be handed over to Malaysia to serve to face the capital punishment that easily.
Australia is reportedly not extraditing Kpl Sirul Azhar Umar who faces the death sentence for the murder of Mongolian model Altantunya Shaariibuu.
The Sydney Morning Herald said Australia's extradition laws do not allow it to send home a person who has been sentenced to death, unless it is assured that the person would not be given the death sentence.
A spokesperson from the Australian Attorney-General's Office said the reason for refusing to extradite Sirul was because the country was against capital punishment.
As Australia opposes the death penalty, it is against the country's extradition laws (the handover of a suspect or fugitive to the foreign state in which the crime was committed) to surrender a person back to the home country to be executed
The Australian Attorney-General’s department would not comment on whether they had received an official extradition request from Malaysia.
A statement from the department, however, said: “Australia's extradition legislation does not allow a person to be surrendered to another country for an offence punishable by death unless the country has given Australia an undertaking that the death penalty will not be carried out on the person.”
Rumours say Sirul was released, but Australian media recently reported that he had been transferred to a maximum security prison
Former police commando Sirul Azhar Umar (pic) has reportedly been transferred to prison in Sydney despite several earlier reports stating he had been released by Australian authorities. Australian Broadcasting Corporation reported Friday night that Sirul, 43, had been transferred to the maximum security section of the Villawood Immigration Detention Centre in Sydney.
thestar.com.myAustralia now stuck in limbo as they do not want Sirul in their country. They say it's not fair for them to be blamed and that Malaysia should have imposed stricter bail conditions on Sirul.
Queen Counsel Mark Trowell said it was unfair for people to blame Australia in handling the Sirul Azhar Umar matter, as the Malaysian prosecution should have imposed strict bail conditions that he should not depart the country, or be allowed to leave on a regular commercial flight.
He further pointed out that despite the notice indicating a view to extradite, that process does not automatically lead to extradition. “It is just the warrant that authorises his arrest. The Malaysian government can complain all it wants, but it needs to make a formal application for his extradition. I am not sure that it has been done yet,” he said.
Did Sirul find a loophole in Australia's laws and used it to avoid his death sentence? Did he have outside help? How would this tricky situation play out?
Sirul's court case has been going on for nine years but he wasn't charged with bail conditions nor was he asked to surrender his passport. That was why he could easily take a commercial flight to Australia.
“It should be made aware that Sirul would be a flight risk, but it seems nothing was done to guard against that by imposing strict bail conditions that he should not depart Malaysia - or approach an international point of departure - and requiring him to surrender his passport. None of these things were done and Sirul was effectively just allowed to leave on a regular commercial flight. Of course, Australia does not want him and we would like to return him, but it’s a bit unfair to blame us for what has happened as we didn’t allow him to flee Malaysia,” he said in an email to Malaysiakini.
malaysiakini.comABC News said it was understood that Sirul, 43, had been living with his 19-year-old son and another relative in Ipswich, west of Brisbane, for several months, after entering the country with a valid passport and tourist visa last year.
It was reported that he had landed in Perth before making his way to Brisbane.
While Azilah Hadri has accepted his impending death, Sirul is not giving in so easily. Before he disappeared, he and his lawyer had dropped hints that he was framed for the death of Altantuya.
Sirul’s absence has now fired up the conspiracy mills, with some believing that the fugitive might choose to open a can of worms. He had already dropped hints of a being in possession of a bombshell when, during the hearing before the lower courts, he had claimed to have been made a scapegoat “for their plans”. Though he never revealed who these people were, Sirul’s lawyer had also suggested that his client could have been framed.
malaysiakini.comSpeculations on the possibility of Sirul being made a scapegoat is rife, even former law minister Zaid Ibrahim pointed out that the truth has not surfaced
“I believe there are things we don’t know about the murder, and the conduct of the police and the AG regarding the matter has hardly been beyond reproach,” he lamented. “So far we have found two men guilty. There could be more if the truth were allowed to finally surface,” he said.
A person claiming to be Sirul's son has emerged on Facebook, stating that the truth will bring down Malaysia and its Prime Minister
A young man named Shuk Sz, claiming to be the former police corporal’s son, posted on Facebook: “If I talk to the press, Malaysia will fall.”
In an earlier posting, he says, “In all honesty, I am a son of Corporal Sirul Azhar Umar. To those who don’t know about his case, don’t just say what you like. Watch your mouth. If I talk to the press, Malaysia will fall. The PM will also fall.”
Replying to a user who insinuates that he is guilty of slander, Shuk Sz says, “I’m in Australia. I can say what I like. I can even curse the PM.”
It's crucial to note that key witnesses who could be vital in unlocking the truth including DSP Musa Safri were not called to the stand, possibly due to certain political agenda
Zaid also questioned Federal Court judge Suryadi Halim Omar’s firm belief that DSP Musa Safri never instructed Azilah on how to assist Razak Baginda, and asked, “How does the judge know this for sure? Azilah could have said this but Musa was never called as a witness.”
Mr Kamarul Hisham claims key witnesses were never called by the prosecution during the original trial, fuelling speculation of political interference in the case. "It raises questions as to what really is going on," he said.
Touching on the question of motive, Zaid said, “only a madman kills for no reason. Everyone else has a motive for doing something.”
If Sirul really is just an unfortunate scapegoat in this damning conspiracy, what about the real culprit? Would they get off scot-free?
Zaid Ibrahim listed six questions playing on the minds of what he termed as “ordinary men and women” that the court had not addressed before coming to their verdict of guilty.
The questions were “who” gave Azilah and Sirul instructions to kill Altantuya; “who made the offer” of RM100,000 to Sirul to carry out the deed; “what” words were actually used when the instruction was given to Azilah and Sirul to “assist Razak”; “why” were there changes in the prosecutors and High Court judge; “why” was private investigator Bala and his family asked to leave the country and did prime minister Najib Razak really know Altantuya despite his claims to the contrary.
Sirul's lawyer is not giving up yet. He is currently getting the murder charge reviewed and is adamant in opposing the extradition request from Malaysia.
His Malaysian lawyer Kamarul Hisham Kamaruddin told the ABC he would file an application in the country's highest court to have Sirul Azhar's murder conviction reviewed. Mr Kamarul Hisham said he would also oppose any extradition request from Malaysia. "I have the mandate of my client to take any and every legal means to challenge the extradition," he said.
abc.net.au