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Altantuya murder trial: AGC Civil Division takes over? June 6, 2007

Posted by elizabethwong in Current Affairs, Human Rights, Malaysia, Note2Self, Politics, Southeast Asia, Women.
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(Updated)

Bar Council President S. Ambiga when asked whether the remarks insinuated that the previous team might not be able to ensure a “fair trial”, she said: “I don’t know but we are looking into it. The circumstances are certainly unusual”. (Source)

According to The Sun leader, “The A-G is only adding more controversy to the case which since the very beginning had been the subject of all sorts of speculations, generated all kinds of rumours, and was even publicly debated during the recent Ijok by-election…” (Source)

(Earlier)

AG & Altantuya Trial ©MalaysiakiniThe murder trial of Mongolian woman, Altantuya, is more than a non-starter.

DPPs Salehuddin Saidin (Head of the Classified Cases Unit – Prosecution Division) and Noorin Badaruddin (head of the General Crimes and Sexual Unit – Prosecution Division) were removed and replaced in less than 24 hours by the chief of the Civil Division of the Attorney-General’s Chambers.

Tun Majid Tun Hamzah , who now leads the prosecution team, said in court on Monday, “I was only informed to take over this case yesterday in the evening when I was on my way home. It’s beyond me. I simply cannot prosecute this case at such short notice.” (Source)

When asked by lawyer of the Altantuya’s family, Karpal Singh, as to why the prosecution team was replaced overnight, Tun Majid replied: “I am not privy to that information”

While no one is questioning the fine-tuned capabilities of Tun Majid, and that an enormous backlog of cases could mean some crossover of tasking; this murder trial is *THE* trial of the year. One should be rather surprised why the heads of the Prosecution Division were left out of it.

Attorney-General, Abdul Ghani Patail, said the replacement was done to ensure a “fair trial”. (Coincidentally, Ghani Patail was the DPP during Anwar’s trial)

It is a matter of public perception whether trials are fairly conducted. Come June 18, the world will resume watching and judging our criminal justice system. Will there be more delays? An acquittal? Dismissal of case for one of the defendants? Hopefully, there won’t be any further twists to this story.

Below is a description of the Civil Division of the AG’s Chambers

CIVIL DIVISION (LINK)

Clients Charter

To efficiently and accurately handle all civil actions brought by and against the Government of Malaysia and other matters entrusted in accordance with the Constitution and the laws of the country.”

 

Head of Division : Tuan Tun Abd Majid bin Tun Hamzah

 

Objective

  • To protect the interests of the Government of Malaysia in all civil actions.
  • To protect the public interest.
  • To ensure the appointments of competent notaries public.
  • To ensure that the quality of advocates and solicitors accords with established standards.
  • To protect the interests of beneficiaries of public, religious, social or charitable trusts.
 

Role and Function

Senior Federal Counsel/Federal Counsel from the Civil Division perform the following roles and functions:
  • Represent the Government of Malaysia in all civil proceedings.
  • Represent the Attorney General in matters of public interest.
  • Process applications for appointments as notaries public pursuant to the Notaries Public Act 1959 (Revised 1973).
  • Represent the Attorney General in petitions for admissions as advocates and solicitors pursuant to the Legal Profession Act 1976.
  • Process applications for Special Admission Certificates and Certificates of Renewal under Part IIA of the Legal Profession Act 1976.
  • Represent the Attorney General in cases concerning public, religious, social or charitable trust.

Functions of the Civil Division Unit

(LINK)

In 2001, the Division recognized the need for specialization to effectively meet the challenges of present day litigation. Four units were established, namely the Constitutional and Administrative law Unit, the Contract and Medico-legal Unit, the Tort and Statutory Duties Unit and also the Arbitration Unit. In mid-2003, the Execution and Enforcement Unit was established as the fifth unit of the Civil Division and these units perform the core functions of the Civil Division today

 

The scope of legal work within the respective units is as follows:-

The Constitutional and Administrative law Unit

This Unit handles all litigation where constitutional issues arise for judicial pronouncement. The recent years have seen an increase in litigation pertaining to fundamental liberties enshrined in the Federal Constitution, touching on issues pertaining to freedom of religion, equality, freedom of association and even citizenship. Apart from constitutional issues, decisions of administrative bodies by way of judicial review have also been a frequent subject-matter of litigation, which is again handled by this Unit. The defence of disciplinary authority decisions forms quite a substantial part of the work in this Unit.

 

The Contract and Medico-Legal Unit

All litigation pertaining to government contracts which do not proceed to arbitration are handled by this Unit. The Government contracts which have resulted in litigation range from goods sold and delivered to complex construction and IT contracts involving multi-million dollar claims. This Unit also conducts the defence of litigation against the public health providers in this country. The Unit officers do not function only as defence counsels in the civil suits, but also as legal advisers in medico-legal problems posed by public hospitals and the Ministry of Health.

 

The Tort and Statutory Duties Unit

 

All tortious claims apart from medical negligence are handled by this Unit. This would include running down actions, defamation, trespass to persons and other personal injury claims against public authorities and public officers. The exercise or refusal to exercise duties imposed by statute are also amongst the various suits handled by this Unit. Intellectual property, an emerging area of litigation, as well as claims on trespass and nuisance, fall within the responsibility of this Unit.

 

The Execution and Enforcement Unit

This Unit conducts post-judgment actions. It is essential that judgments obtained by the Government be enforced to completion. This Unit is therefore responsible to enforce the judgment sum by taking execution proceedings against the Defendant. In a successful claim, this Unit recovers cost awarded to the Government and defends the Government as a taxing party in taxation proceedings where costs are to be recovered against the Government.

 

The Arbitration Unit

 

The Unit handles claims where the dispute is to be resolved in arbitration proceedings. Most of the claims handled in this Unit relate to construction contracts involving substantial amounts which a party seeks to be awarded by the arbitrator. Occasionally, the claims may involve international arbitration proceedings.

Comments»

1. sam - June 6, 2007

so it is clear that the case will involve some VIP in the gahmen? ;-)

2. kittykat46 - June 6, 2007

Hey Mr. Attorney General, Civil Litigation is a very different game from Criminal Law. A badminton champion suddenly has to switch to play tennis…
This case is getting weirder by the day.

3. freelunch2020 - June 6, 2007

another first for malaysia in the guinesss book of records? let’s unite the nation with a game of cluedo! ;)

4. sam - June 6, 2007

So there is no more murder trial because there is no criminal law involved anymore? This really smells like some cover up for some VIP in gahmen. Can anyone who knows law explain please…

5. oA - June 7, 2007

.

There is a reason for the “rallying factor of race and religion of malays” – the uncodifying the supposedly coded speech of the former pm – before and during the joy case hoping for a domino effect to sweep this case under the carpet too.

The cliché that that there are bogey men out to disrupt the unity of race and religion has run its course of usefulness hopefully, so that conscientious logic can prevail and eventual justice reigns supreme that no criminal shall be freed based on his color, faith or status.

.

6. monsterball - June 8, 2007

Fortunately…few NGOs and I are passing out time taking …waiting for 9 more days to real court case begin.
Judge and lawyer of the case playing badminton together?….hahahahaha
What type of judges we have in Malaysia?
Don’t all judges know…no legal counsellors must be close to the judge of the said case?

7. wits0 - June 9, 2007

We now hear of badminton games at the top. What about the unmentioned games that the numerous magistrates may have been free to play with the public all over the country? Example, in a small town where the magistrate and police are in league with a car towing and repair workshop, who can break the mafia’s hold?

8. Valdes-Munoz - October 10, 2007

http://www.atimes.com/atimes/Southeast_Asia/IH28Ae01.html

http://www.time.com/time/asia/features/malay_terror/cover.html

http://ghostline.wordpress.com/2007/08/23/umno-fascism-a-checklist/

SHAME
“The world is a dangerous place. Not because of the people who are evil; but because of the people who don’t do any thing about it.” –Albert Einstein-
One of the modus operandi of all arm suppliers and dealers in the world arms market is to give “commission” or “corruption” indirectly to the decision makers.

Payment of corruption money are done very professionally so that it does not incriminate the arms supplier, These arm suppliers will pay any amount of commission demanded as long as they are not implicated as some of them are PLC.

In this case, it will not be uncommon for, Altantuya Shaariibuu to be a nominee conduit for receiving the large amount of commission for arms deals. Her name could be used as a nominee but the funds (money laundered in Singapore and Hong Kong) received actually goes to the sexist(MISAGYNIST/WOMAN HATER) Abdul Razak Baginda/NAJIB TUN RAZAK the UMNO(NATZIS/RACISTS) pukita cronies who share in the loot. Mongolian nominees are preferred by Russian suppliers as most Mongolians speak Russian.

This Altantuya Shaariibuu relationship with Abdul Razak Baginda was obviously more than “lover” and it is crystal clear she know more than she should.

So, her explosives disintegration with C4 type episode with directives from the top. NAJIB TUN RAZAK, Rosmah, Khairy & Scomi who are involved in arms deals are clearly involved.

Who are the UMNO (XENOPHOBIC/ANTI-SEMITIC) minister who
are going to France, Spain, Italy, Russia & South Africa to buy arms recently?

Who are the other UMNO (MASTERS of DEATH) pukitra ministers beside Najib Tun Razak, who have visited Ulaan Baatar in the last three years??? The long and endless list of Malaysia’s international laws and human-rights violations can no longer be ignored!!!
This is a international security crisis that will be lethal to human rights world peace and safety.
The International community must demand a multi-national investigation on to the ASSASSINATION of Translator/Interpreter & Business women Altantuya Shaariibuu along with the Malaysia’s illegal arms trade! Mongolia must break all diplomatic relations with Malaysia and state this case to the INTERNATIONAL COURT of JUSTICE alert and demand the United Nations Security Council to take action and that The United States’ State Deportment to also take action for this is a Human’s rights violation and a security issue that affects the United States directly. Malaysians must demand answers to what these anti-Democratic UMNO(NATZI PARTY) pukitra Islamist FASCIST(With connections to HAMAS, Hizballah, AL-QAIDA and IRAN) are doing in the name of protecting the so called “Malay Race” ,”Islamic religion” and the “Nation” !
Why the U.T.K(THE “SS” MASTERS of DEATH/TERRORISTS),(NATZI)Army, who authorized SUPPLIERS of the malleable explosive believed to be “C4″ (Composition 4). Bear in mind that Abdul Razak Baginda is a BROKER INTERMEDIARY/PROXY for those(ASSASSINS/EXECUTIONERS) HIDDEN TOP GUNS of the DEFENSE FORCE with the SUPPLIER (Specifically, the Malaysian Armed Forces). Therefore, it is a standard nature of forwarding of samples of their product in this case to be tested. Personally, I think these people, Baginda and his family, including the two police officers, are the most disgusting people on the globe as same as those terrorists who killed thousands of people on September 11, 2001 by using civilian airplane as missiles.

Who authorizes those people to use airplane as missiles? Who authorizes those people to use military explosives to kill an innocent woman?
“All that is necessary for the triumph of evil is for good people to do nothing.” –Edmund Burke-
“NO JUSTICE NO PEACE!”
“NO GETTING OVER IT!!”
“JUSTICE FOR ALTANTUYA SHAARIIBUU!!!”

http://usinfo.state.gov/

http://www.icj-cij.org/

http://www.state.gov/

http://www.ohchr.org/english/law/

http://www.icc-cpi.int/victimsissues.html


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