KUALA LUMPUR, Nov 25 — The Royal Malaysia Police (PDRM) regarded the statement by former police commando Sirul Azhar Umar in an interview with an international media regarding his conviction in the murder of Mongolian Altantuya Shaariibuu in 2009 as unfounded and could create more speculation.
Inspector-General of Police Tan Sri Razarudin Husain said Sirul Azhar had been given the opportunity to defend himself in line with Malaysian laws and constitution.
“However, his (Sirul Azhar) claims were never submitted to any court that heard his case, from the High Court to the Federal Court.
“If he is convinced and feels the need for justice, that there is new evidence, Sirul Azhar or through his lawyer, can make a police report so that the authorities can take the necessary action,” he told Bernama today.
Razarudin said this when asked to comment on Sirul Azhar’s interview by an international media that was broadcast on television recently.
According to Razarudin, Sirul Azhar 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 Sept 12 this year for a death penalty offender to apply.
Meanwhile, when asked about Sirul Azhar’s release from detention in Australia after nine years in custody, Razarudin said Malaysia has an extradition agreement with Australia.
“However, the death sentence imposed on him meant that Sirul Azhar could not be extradited to Malaysia. “This is because Australia does not recognise the death penalty and also does not impose the death penalty on criminal offenders in the country,” he said.
According to Razarudi, one of the conditions for an extradition agreement to be implemented 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 (MACMA 2002).
“However, the principle of Dual Criminality also applies in this act. This means that an offence 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. This means that the death penalty still exists in Malaysia, only that it is no longer mandatory and at the discretion of the Court,” he said.
Following the new development in Malaysian laws, he said, a criminal offender who has been sentenced to death and is still awaiting the execution of the sentence can be given the opportunity to apply to the court to appeal against the death sentence.
“If Sirul Azhar 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 for him to serve his sentence in Malaysia,” he added.
Yesterday, Bukit Aman Criminal Investigation Department Director Datuk Seri Mohd Shuhaily Mohd Zain was reported to have said that Sirul Azhar’s name is still on the International Police (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 from the list.
