Sirul and Azilah come to court

Case reopens doubts about Malaysian justice system

The politically-charged appeal of two elite Malaysian police bodyguards who were sentenced to death two years and nine months ago for the 2006 murder-for-hire of Mongolian translator and party girl Altantuya Shaaribuu is due on Feb. 10 in Malaysia’s Court of Appeal.

The High Court trial, in which everything appeared to have been done ignore the question of who hired the two killers, stands in vivid contrast to the appeal filed by prosecutors on Jan. 19 in the case of Opposition Leader Anwar Ibrahim, in which everything appeared to have been done to bend the evidence to try to put the 64-year-old Anwar behind bars. As Judge Mohd Zabidin Mohd Diah pointed out in his not-guilty verdict, “the court cannot be 100 percent certain that the DNA evidence against Anwar was not contaminated.”

The two bodyguards, Chief Inspector Azilah Hadri and Corporal Sirul Azhar Umar, were to be paid RM50,000 to RM00,000 to kill Altantuya, according to a confession by Sirul which was never produced in court.

Although the three-judge court is expected to hear arguments, it is unsure if the verdict on the appeal by the two will be concluded on that date. Even if it is, according to criminal defense lawyer Manjeet Singh Dhillon, that is unlikely to be the end of the case. If the two are found guilty once more, they have the right of appeal to the Federal Court, Malaysia’s highest tribunal. That could take as long as another 2-1/2 years, Dhillon said in an interview.

Although the Malaysian court system has been working to shorten the length of time appeals take, delays remain. However, the length of time this particular case is taking is extraordinary, Dhillon said. Indeed, however, he said, the appeal in Anwar’s case could take a similar amount of time. As with the Sirul-Azilah case, Anwar’s appeal to the Federal Court could also take another two and a half years after the appellate verdict.

The murder case been linked to the fortunes of Prime Minister Najib Tun Razak. Azilah and Sirul served as bodyguards in an elite police unit supervised by Najib, then the country's deputy prime minister. It has continued to dog him as bloggers and journalists from France and other countries have continued to question his involvement. Also on trial with the two, but acquitted without having to put on a defense, was Altantuya's jilted lover and one of Najib's best friends, political analyst Abdul Razak Baginda.

From the start of the year-long trial, during which prosecutors and the judge were hurriedly switched without warning, to the end, when the verdict was delayed since February 2008 until after the United Malays National Organization convention that named Najib party leader and thus prime minister, the case has appeared more a