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Saturday, January 24, 2015

ALTANTUYA MURDER CONSPIRACY: Why was Sirul allowed to flee, why didn't AG apply for strict bail conditions?

ALTANTUYA MURDER CONSPIRACY: Why was Sirul allowed to flee, why didn't AG apply for strict bail conditions?
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.
Trowell - who practises in Western Australia, and is a keen observer in Malaysian affairs - questioned the conduct of Malaysia's prosecution, as they should be aware of the definite prospect of a Federal Court reversal in the Altantuya Shaariibuu murder.
“It should be 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.
Trowell was asked as to what would be next in Sirul's proceeding in Australia following earlier reports by some local newspapers claiming that he had been released on strict conditions, and that the extradition process may take some time.
The senior Australian lawyer, however, said there are no reports there of Sirul being released. Australia's Immigration and Border Protection Department has also issued a statement denying it.
'Australia acted responsibly'
Mark Trowell
During the prosecution's appeal at the Federal Court last June, the team - led by Deputy solicitor-general II Tun Abdul Majid Tun Hamzah - did not impose conditions on Sirul and Azilah Hadri after the duo had been acquitted by the Court of Appeal on August 2013, and while awaiting decision by the apex court last week.
Trowell noted that Australia acted responsibly by promptly responding to the Interpol red notice to arrest Sirul.
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.
“The formal legal process should be well known by the Malaysian Attorney-General’s Chambers,” Trowell added.
The Queen's Counsel - who had previously explained to Malaysiakini the Australian extradition process - reiterated that their position is clear, as Australian law dictates that it will not allow a person to be surrendered to another country for an offence punishable by death unless there is an undertaking that such punishment would not be carried out.
Previously, Home Minister Ahmad Zahid Hamidi said that a formal request had been sent to Australia to extradite Sirul through Wisma Putra, and that his ministry is also overseeing the matter. -Mkini

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