Altantuya's Murder: No common intention found between both accused

The trial judge in the Altantuya Shaariibuu murder trial had failed to make a finding of common intention between the two former Special Action Squad (UTK) members who were convicted for her murder.

This was the observation of Court of Appeal judge Datuk Linton Albert who said common intention formed part of the ingredient of the charge.

"But the trial judge had not made any finding on this," said Albert.

DPP Tun Abdul Majid Tun Hamzah admitted that the judge did not touch on common intention but said that he had made reference to the two accused persons as first and second accused.

Judge Datuk Seri Mohamed Apandi Ali, who led the three-men bench, then retorted: "He (the trial judge) did not mention it at all, it is no where in the grounds of judgment. Funny isn't it?"

There were chuckles from the public gallery but Albert was not amused.

"For the two accused persons who are going to the gallows, it isn't funny," Albert remarked.

Tun Abdul Majid then said that despite the non-direction of the trial judge on this, they had sufficient evidence to prove their case.

Apandi then added: "Man can plan, but God will decide. Maybe the non-direction is a divine intervention. You may have a strong case, but the judge's non-direction could be God's work."

Earlier, Tun Abdul Majid, in his submissions said they had never maintained the explosives used in Altantuya's murder was C4.

"C4 is a specific name of explosives which was never in the evidence. We never said that the explosives used were C4," he said.

He said witnesses during the trial had testified that UTK officers were trained in explosives and had access to these items.

The court then adjourned their decision on the appeal, to a date to be fixed.

On April 9, 2009, Azilah Hadri and Sirul Azhar Umar were convicted and sentenced to death for the murder of Altantuya at Mukim Bukit Raja, Shah Alam between Oct 19 and 20, 2006. - June 25, 2013.

BY RITA JONG