It has been reported that the Attorney-General's Chambers are not appealing against the Shah Alam High Court decision to acquit political analyst Abdul Razak Baginda, who had been charged with abetting in the murder of Mongolian national Altantuya Shaariibuu.
The Prosecution has 14 days from the ruling date of October 31, 2008 to file an appeal but investigations made at the Court Registry up to 5 pm today indicate no appeal has been filed. However, Deputy Public Prosecutor Tun Majid Tun Hamzah was stated as saying today that the court had made a finding of fact and he confirmed that the prosecution would not file an appeal.
This case has received enormous coverage since Deputy Prime Minister or Prime Minister-in-waiting Datuk Seri Mohd Najib Tun Razak and his wife Rosmah Mansor have been somewhat implicated to be involved and the only person to bring to light about their involvement would only be possible through Abdul Razak Baginda, although two Statutory Declarations from Raja Petra Kamaruddin and Private Investigator Bala Subramaniam have mentioned the possible connection in the murder.
The Judge in his written ruling had acquitted Abdul Razak Baginda on the grounds that “Once the essential elements of abetment - by instigation, by conspiracy and by aiding - [...] are not proven on the basis of prima facie evidence, any other inferences and doubts that may have arisen must be resolved, as is trite, in favour of the accused person.
“It is not for the court to call for the defence merely to clear or clarify such doubts [...] I find there is no prima facie case for him (Abdul Razak, left) to answer his charge...”
However, the Judge ordered Special Action Squad police officers Azilah Hadri, 32, and Sirul Azhar Umar, 38, to enter their defence.
It is in the minds of Malaysians that this is a politically motivated decision and the surprise that the Prosecution had fail to file their appeal has 'spoken for itself'.
news n photo courtesy of Malaysiakini
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