KUALA LUMPUR, Nov 25 — The Royal Malaysia Police (PDRM) regards the statement by former police commando Sirul Azhar Umar on his conviction in the murder of Altantuya Shaariibuu in 2009 as unfounded and which can create more speculation.
“However, his 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 or through his lawyer, can make a police report so that the authorities can take the necessary action,” Inspector-General of Police Tan Sri Razarudin Husain told Bernama today.
He was commenting on Sirul’s recent interview with international media regarding his conviction in the murder of the Mongolian national.
Razarudin added that 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 this year for a death penalty offender to apply.
Meanwhile, when asked about Sirul’s release from detention in Australia after nine years in custody, he said Malaysia has an extradition agreement with Australia.
“However, the death sentence imposed on him meant that Sirul 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,” Razarudin said.
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 to this act. This means an offence must be a criminal offence for both countries and also carries the same punishment.
“The latest legal development in Malaysia only involved abolishing 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,” Razarudin said.
Following the new development in Malaysian laws, a criminal offender who has been sentenced to death and is still awaiting the execution of the sentence can be allowed to apply to the court to appeal against the death sentence.
“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 for him to serve his sentence in Malaysia,” he said.
Yesterday, Bukit Aman Criminal Investigation Department Director Datuk Seri Mohd Shuhaily Mohd Zain said Sirul’s name is still on the International Police (Interpol) red notice list even though he had been released from the Australian immigration detention.
This was because there had been no instructions from any party to remove the name from the list.
— Bernama
