5 Mar, 2009
Now, let us look at the bits and pieces of the jigsaw puzzle so that we can get a clearer picture as to why Azilah and Sirul killed Altantuya Shaariibuu and try to figure out that most elusive missing piece of information as to who hired them to do so.
NO HOLDS BARRED
Raja Petra Kamarudin
Affidavit Saves Abdul Razak
Bernama, 31 October 2008
Political analyst Abdul Razak Abdullah Baginda was "saved" by his own affidavit in which the court accepted as the grounds to acquit him from the charge of abetting two policemen in the murder of Mongolian Altantuya Shaariibuu.
High Court judge Datuk Mohd Zaki Md Yasin ruled that exculpatory statements contained in Abdul Razak's affidavit negated and nullified the act of abetment as alleged against him.
Abdul Razak's action to file the affidavit was out of the ordinary and was at one point described by some in the legal fraternity as "now the cat was out of the bag".
The judge said the affidavit was corroborated in material particulars by four witnesses -- private eye P. Balasubramaniam, Altantuya's cousin Burmaa Oyuchimeg, Lance Corporal Rohaniza Roslan and Siti Aishah Mohd Azlan -- and other surrounding circumstances.
The affidavit was previously filed by Abdul Razak to support his application for bail before the trial with the intention to show that he did not abet in the murder.
In his decision, Zaki said unlike a cautioned statement and confession, Abdul Razak's affidavit was not part and parcel of the investigation process.
He said under Section 13 of the Oaths and Affirmations Act 1949, persons authorised by the Act to administer oaths and affirmation shall be bound to state the truth on the subject.
"Since this affidavit is now forming part of the case for the prosecution, it is my view, therefore, that its entire contents including the exculpatory parts thereof must be given the due weight as it is given to the rest of the evidence for the prosecution," Mohd Zaki said.
Razak Baginda saved by his affidavit
The Straits Times, 2 November 2008
The acquittal of political analyst Abdul Razak Baginda in the high-profile murder case of his former Mongolian lover made big headlines in Malaysian newspapers yesterday, with many zooming in on how his affidavit had saved him. The sleazy and sensational affair, and Abdul Razak's close ties to Deputy Prime Minister Najib Razak, had kept the case in the public eye as the trial ran for two years.
His almost-forgotten affidavit filed two years ago was the highlight as it was pivotal to the High Court judge's decision to acquit him of abetting the murder. The document was filed in court in an attempt by Abdul Razak to obtain bail before the trial started. He failed to get bail and there was criticism then by legal experts who considered it a wrong move to disclose his case so early in the trial.
But it turned out to be an astute move. High Court judge Mohamed Zaki Mohamed Yasin on Friday ruled that the tell-all affidavit had helped clear him of the charge of asking two policemen to kill Altantuya Shaariibuu.
"In the absence of the rebuttal evidence against them (statements in the affidavit), coupled with the fact that there is no legal onus for him to rebut any statutory presumption, there is clearly no reason for the statements to be ignored and rejected," the judge said.
The judge found that 13 statements in the affidavit were not rebutted by evidence put forward by prosecutors. In a nutshell, they recounted how Abdul Razak had asked Musa Safri, a security aide of the deputy premier, for help because of Altantuya's harassment. Musa reportedly said he would introduce him to a police officer. The co-accused Azilah Hadri, an officer from an elite unit that guards VVIPs, called Abdul Razak the next day.
"Encik, You Can Sleep Well Tonight," Azilah Tells Razak
Bernama, 19 January 2007
The High Court here heard today that Chief Insp Azilah Hadri told political analyst Abdul Razak Abdullah Baginda on the day Mongolia model Altantuya Shaariibuu was murdered that he could sleep well that night.
The information was revealed by counsel Wong Kian Kheong in his affidavit to support Abdul Razak's application for bail while facing a charge of abetting Azilah, 30, and Constable Sirul Azhar Umar, 35, on Oct 19 last year.
According to Wong, Azilah had said "tonight encik (sir), you can sleep well" in a telephone conversation with Abdul Razak who had asked him for help because Altantuya had caused a commotion outside his house for the second time.
Earlier, Wong told the court that Abdul Razak knew the police officers through DSP Musa Safri and had met Azilah once at his office on Oct 18 last year.
During the meeting, Wong said, when Azilah told Abdul Razak that he (Azilah) had caused the death of between six and 10 people, Abdul Razak cautioned the police officer not to do anything foolish to the woman.
Justice K.N. Segara interceded, saying that if Azilah had said that he had killed people, why did Abdul Razak still want his help.
The affidavit also stated that Abdul Razak had asked Musa on the incident at his house when he bumped into Musa at the deputy prime minister's office on Oct 20 last year but Musa said he was not told anything by Azilah.
Segara also questioned Abdul Razak why he had to ask Musa who was not even present at the place in question when he could have asked Azilah himself whom he had met and could have called.
In his decision to reject Abdul Razak's bail application, Segara also commented on the facts contained in the documents.
He said various sequences of events in the affidavit showed enough ground that Abdul Razak was abetting in the offence allegedly committed by Azilah and Sirul Azahar.
Segara said Altantuya had imposed and attached herself to Abdul Razak like a leech and it was impossible to get rid of her and that it may or may not surface at the trial but it was clear to the court's mind that there was motive for Abdul Razak to get Altantuya off his heels when she came to see him.
Segara said the witness statement clearly set out how Abdul Razak dealt with Azilah where instructions and steps were taken by Azilah based on Abdul Razak's directions and that he (Abdul Razak) was always in touch with Azilah.
Mongolian’s murder: Razak reveals his relationship with Altantuya
The Sun Daily, 19 January 2007
The affidavit was tendered by Wong Kian Kheong in an attempt to obtain bail which High Court judge Datuk K.N.Segara had denied him earlier because there was no medical grounds to support his application for bail. Wong told the court that there were no reasonable grounds to hold his client under detention as he has not been found guilty. He then tendered the affidavit, which details Abdul Razak’s movements, actions and relationship with Altantuya.
As Wong continued with the affidavit, Segara interjected from time to time telling him to stick to the facts and not draw inferences from the events that unfolded as Abdul Razak attempted to “get rid” of Altantuya. At one juncture, Wong skipped part of the affidavit on Abdul Razak meeting Musa at the Deputy Prime Minister's (DPM) office on official matters, during which he (Abdul Razak) enquired about Altantuya’s fate.
Segara became angry and said: “Why are you avoiding the part, there’s nothing to hide, the DPM would not be embarrassed if the matter is mentioned. This is the court. Everything has to be disclosed.”
Segara said the affidavit produced by Abdul Razak pointed to a conclusion that he had abetted with Azilah to “get rid” of Altantuya from his life, but the matter was to be deliberated when the trial begins. He said Abdul Razak despite knowing that Azilah had killed several people, chose to continue seeking his aid.
Extracts of Razak’s Affidavit
On page 12, item 25 of the Affidavit, Razak admits that he sought help from DSP Musa Bin Haji Safri whom he befriended when he was running the Malaysian Strategic Research Centre.
On page 14, item 32 of the Affidavit, Razak admits that Musa Safri phoned him to inform him that a police officer will be contacting him to offer help with regards to his problem with Altantuya. In item 33 on the same page, Razak admits that, on 18 October 2006, Chief Inspector Azilah Hadridan phoned him and introduced himself as the police officer that Musa Safri mentioned as the person who will help solve the Altantuya problem.
Razak subsequently met Azilah in his (Razak’s) office and on page 15, item 34(b) of the Affidavit Razak admits that Azilah boasted he had already killed between 6-10 people before the Altantuya murder (which the court ordered expunged). Razak further admits that he responded by saying he did not wish anything unwanted (tidak diingini) to happen to Altantuya and he expected that Azilah, being a police officer he did not know until introduced to him through Musa Safri, would not do anything unwanted or against the law.
On page 17, item 36 of the Affidavit, Razak admits that Azilah went to his (Razak’s) house to pick up Altantuya and then Azilah tells Razak, “tonight you can sleep soundly” (which the court also ordered expunged). Razak further admits that he repeated at least twice to not do anything unwanted to Altantuya.
On page 18, item 38 of the Affidavit, Razak admits that, on 20 October 2006, he went to the Deputy Prime Minister’s office and bumped into (terserempak) Musa Safri. Razak then admits that he asked Musa Safri what happened to Altantuya and Musa Safri replied that Azilah has not said anything. Razak also admits that he asked Musa Safri a few more times over the next few days and still Musa Safri replied that Azilah did not say anything.
From Razak’s admission in the 24-page Affidavit filed on 4 January 2007, it is clear that:
1. Razak did not know Azilah and had never met him before the Altantuya murder.
2. Musa Safri, Najib's ADC, introduced Azilah to Razak.
3. Razak would have never met Azilah if not for Musa Safri.
4. Azilah felt he could help solve Razak’s problem because he had already killed 6-10 people before the Altantuya murder.
5. Razak’s Affidavit never mentioned whether Musa Safri knew that Azilah had already killed 6-10 people before the Altantuya murder and whether that was why Musa Safri introduced Azilah to Razak.
6. Razak did not want anything unwanted to happen to Altantuya.
7. Razak kept asking Musa Safri what happened to Altantuya but Musa Safri kept replying that Azilah had not informed him what happened (giving an impression that Razak was not able to ask Azilah himself and that the only person who was able to ask Azilah is Musa Safri).
8. If Azilah did murder Altantuya -- which we do not know yet since the trial is not over -- then it was not on Razak’s instructions and either Azilah used his own discretion or someone else other than Razak had instructed Azilah to murder Altantuya.
9. Even though Azilah and Razak never knew each other until Musa Safri introduced them, and they would have never known each other if not because of Musa Safri, Musa Safri is not one of those on trial for murder.
In his caution statement to the police, Sirul confirms that they were hired to kill Altantuya and that he took orders from Azilah, who in turn appears to be taking his orders from someone higher up -- apparently from Musa Safri or someone else from Deputy Prime Minister Najib Tun Razak’s office.
Since the court said it is not Razak who ordered the killing and subsequently acquitted him of the abetment to murder charge, then it has to be someone other than Razak who ordered the killing. It has to be noted that Azilah and Sirul were being paid to kill Altantuya, so they did not do so on their own initiative but on someone’s instructions.
Extract from Sirul’s caution statement: Azilah tells Sirul that they are going to be paid RM50,000-RM100,000 to kill Altantuya.
Extract from Sirul’s caution statement: Azilah phoned Sirul and asked him to go immediately to Razak’s house because Altantuya is in front of the house and is creating a scene.
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