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(The Malaysian Insider) The debate may continue in the court of public opinion and blogosphere but in the eyes of the law Abdul Razak Baginda is truly a free man.

The prosecution today decided against appealing his acquittal for abetting in the murder of Mongolian model Altantuya Shariibuu.

Deputy public prosecutor Tun Majid  Tun Hamzah said that as Shah Alam High Court judge Mohd Zaki Mohd Yasin made a finding of fact in acquitting Abdul Razak two weeks ago, the prosecution had decided not to appeal the ruling.

Tun Majid said that the prosecution will not comment further on the matter as Azilah Hadri and Sirul Azhar Umar have been ordered to make their defence against the charge of murdering Altantuya, in Mukim Bukit Raja between 10pm on Oct 19, 2006, and 1am the following day.

The two Special Action Unit operatives are scheduled to enter their defence on Jan 15 next year. In one of the longest hearings in Malaysia's history, the court spent 151 days hearing testimony from 84 witnesses on whether Abdul Razak and two police officers accused of carrying out the murder should face trial.

Lawyer and DAP veteran Karpal Singh said that it was unfortunate that the prosecution was not appealing the High Court decision as he felt there was a prima facie case for Abdul Razak to answer based on his affidavit.

Ironically, it was the long-forgotten affidavit filed two years ago that was pivotal in the judge's decision to acquit the political analysts, an advisor to Datuk Seri Najib Tun Razak. The document was filed to help Abdul Razak obtain bail before the trial started.

The lengthy document detailed how Abdul Razak met Altantuya in 2004, and had an affair that lasted until 2005. After they broke up, he alleged that the 28-year-old harassed him, and that he had sought the help of the police. He denied instructing Azilah or Sirul to kill her.

Justice Mohd Zaki said that in absence of rebuttal evidence to counter the statements in the affidavit, there was no reason for the statements to be ignored and rejected.

Comments (30)

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written by Khan, November 14, 2008 21:46:51

It is a shame as the whole prosecution was a sham. From the very beginning, the Prosecution acted as if it was the defence counsel for Razak Baginda and those two other accused. It is now very crystal clear as to why they acted this way...to let go NajisC4 right hand man.

A murder suspect can walk away free whereas a person who only writes is subject to indefinite detention... When will this nonsense end?

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written by kaizer, November 14, 2008 22:00:09

The acquittal of Razak Baginda is a trial balloon to test the public reaction. If nothing serious happens, the other two will walk away free as well.

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written by DXB2008, November 14, 2008 22:06:23

team of prosecution or prostitution? Same same old trick by the prostitutes of high order http://1426.********.com/2008/...round.html

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written by Dongra Dude, November 14, 2008 22:18:13

The Malaysian Justice at stake and become the international joke. The Tun_Tun of KaTun Chief Prosecuter will be future AG during Najis tenure as PEEEM. Well done prosecutors.

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written by binarytan, November 14, 2008 22:19:03

MALAYSIA BOLEH.

nothing much to say on our judiciary system, full of bull shit & low quality idiot show !!!

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written by angkasawan bocor, November 14, 2008 22:35:24

Razak's acquittal from Altantuya case - Prosecutor not to appeal
RPK's release from ISA detention - Prosecutor to appeal

Why the double standards?

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written by Arrow, November 14, 2008 23:05:50

Lets be creative - can we organize a class action suit or a civil suit on behalf of the family members or something to sue the mf for all he has got - the stress of court proceedings may kill him and send a message to the other mf UMNOputras

We all know what "mf" stands for?

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written by joeawk, November 14, 2008 23:10:01

Mahatir a TUN, Majid a Tun, what do we make of a "TUN"? WE must have a TUN whom people can look up to but we have these 2 scumbags who are a disgrace.

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written by macaufan, November 14, 2008 23:20:36

Case ISA RPK, AG cepat cepat pigi appeal
TAPI
Case international watching & concern, AG cepat cepat TUTUP CASE ! so what?
Justice will only prevail upon toppling corrupted regime racist umno !

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written by joeawk, November 14, 2008 23:49:07

These garbage only have balls in Malaysia. Track them and when they travel haunt them from the airport of their destination to their hotelks and every step of their stay overseas. They should be made to suffer for brimnging disrepoute to the nation. They are disgrace to all malaysians.

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written by maverick, November 15, 2008 00:54:46

they are just buying time.

by the time this case have a new turn or brought up to international court, we'll notice this razak have flee the country and when missing in action.

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written by bugisman, November 15, 2008 01:04:23

why would a robber that helped the thief to escape claim that he steals??

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written by mikewang, November 15, 2008 01:34:25

Such injustice will come back with a vengeance to haunt UMNO & BN in the next GE, unless the people of this nation is not God fearing.

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written by anakmalaysia777, November 15, 2008 01:46:58

The audacity of the three decisions by the Public Prosecutor - two to appeal RPK and Anwar) and the other not to appeal (murderer), shows clearly the arrogance of the government. They do not care about the public opinion. These actions are simply a mockery of justice and the Rakyat of Malaysia. In so far as Baginda is concerned, they just wanted to go through the motion and have clearly fulfilled the DPM's earlier prophesy that Baginda’s arrest was simply a necessary a temporary inconvenience.

People should march on Putra Jaya and demand action. Hopefully our esteemed wise Rulers who had expressed concern about the stability of the country can then advice the public – don’t they consider this nonsense as contaminating the very fabric society and respect for law and order?

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written by ATSaari, November 15, 2008 02:04:16

It is not surprising. The whole nation is EXPECTING this and soon the two bombers will be freed too. With Malaysian judiciary and justice (or more appropriately INJUSTICE!) system, a system which is much worse than the Soviet Era justice system, the innocent is always the victim and the people who walk the Corridors of Power will always be free no matter how strong the evidence or prove of their involvement.

This is a Justice System put in place to protect the powerful and the influential with tota disregards of the innocent and the helpless. The ordinary people may spend 12 years in prison for robbing a piece of bread from the 7eleven counter but for the powerful and influential they get to walk scots free for killing and blowing to pieces of the helpless.

Malaysia pride themselves with magnificent Justice Complex and largest Court Complex when true justice never event exist in this country. What a crying shame.

Conscience and GOD's justice will sent the murderer of Altantuya to HELL.

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written by MsiaCTzen, November 15, 2008 07:32:38

Pariah......Another sham...........Malaysia kangaroo court.
Justice can NEVER be serve in malaysia

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written by kanokporn, November 15, 2008 07:37:52

no surprise at all.

with the umno zaki as cj all murderers from and of umno or connected will be acquitted.so we are to believe that the 2 policemen killed altantuya on their own without anyone telling or authorising them to kill with c4 explosives.
same time hongkong man is acquitted also. what a farce. all the way from sessions court to high court to court of appeal he is guilty and then federal court he is not guilty. wonder how many people have been hanged or killed or murdered or lost their lands, livelihood,jobs families because of these evil judges, magistrates prosecutors lawyers(snakes and serpents) and courts

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written by SeriousLy, November 15, 2008 09:16:47

What the simple auntie uncle in the morning market say is the two police man should not be punished instead the one that executed the order should be shot! Police are just following orders! Yeah... I know they should take some responsibility but hey they are following orders!

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written by truthbespoken, November 15, 2008 09:21:09

Justice? Where got? My foot! Even a layperson can feel our justice system has become a patronised and low-down one since the days of Mad=hater! Most of the judgements are now politically compromised and are nonsensical. It is more like judgements passed nowadays are more like justice thrown out of the window!

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written by MAMR, November 15, 2008 10:34:25

This is a land whereby it is lead by UMNO, Any report of wrongdoings by UMNO especially THE TOP SIX OR STRONG PEOPLE LINKED TO THEM---COVERUP NO ACTION TO BE TAKEN---. Any report against OPPOSITION MUST BE PROACTIVE THAT IS INVESTIGATE OR ARREST BY YESTERDAY. If there is NO REPORT AT ALL AGAINST KEY OPPOSITION PERSONNAL CAN ALWAYS CREATE ONE. All of us have to BEAR WITH THE PRESENT HAPPENNINGS UNTIL !!!!! THERE IS CHANGEEEEEE!!!!!. It happened in AMERICA and it is NOT IMPOSSIBLE TO HAPPEN IN MALAYSIA, IT IS UPTO US RAKYAT TO CREATE THE CHANGEEEEE.

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written by SCM, November 15, 2008 11:03:54

The acquittal of Razak Baginda is truly surprising as this only means that the only other person involved in this brutal murder, Najib, has to be the one who gave the orders to kill her. Obviously Azilah Hadri and Sirul Azhar Umar didn't murder her without instructions. So if Razak Baginda is innicent, Najib has to be guilty. It's that straight forward.

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written by kingelvis, November 15, 2008 12:24:52

Bala is vindicated and sms's were true. corect,corect, corect

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written by kingelvis, November 15, 2008 12:27:08

DPM behind all of this. POWER man see what it can do. Tell your kids to forget studies and become politician. POWER POWER

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written by kensball, November 15, 2008 13:37:09

"We will consider appealing the decision. The battle is not over yet.''

Deciding not appealing against his acquittal, the battle is all over, A job well done Deputy public prosecutor Tun Majid Tun Hamzah, you bring shame to malaysain!!!

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written by bushfire, November 15, 2008 14:16:24

The whole trial stinks to high heaven although I am sure that many are not surprised with ARB’s acquittal. Everything was so well orchestrated with prosecution and defence acting in consonance to bring about the desired result to serve a few in high places. The DPP's statement merely confirms our suspicions. For those who are still following the case, do not hold your breath. We all know the impending outcome… case closed. There are some very happy and relieved people if you know who I mean. We the rakyat feel cheated that justice has not been served.
Spread the word to your friends who voted for BN in the last elections that if they continue to support this corrupt lame duck government, we will be worse off than Zimbabwe.

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written by Fuminari, November 15, 2008 14:19:01

it is a shame for malaysia judiciary integrity hav lost the ability to stand on its own feet,shaaribu jus hav to go international in order to seek justice for his brutally slain daughter!
'all is not lost'!najis n baginda jus couldn't afford to see a U turn n hence as usual in this bolehland,the prosecution must do pull out too!
bolehland in umno boleh-hands hav got no justice,it is a recgonised shameful fact!

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written by Lim Lim, November 15, 2008 14:24:49

question is why,on what ground the prosecution made the decision not to appeal??
it seem like this toon,majid is jus another hound dog of umno.

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written by Sabahfan, November 15, 2008 21:53:43

If some malaysialand citizen really care about this case, then what you should do is raise fund so that SETEV sharibuu can bring the case to the international court of justice for crime of murder ....

Surely the ICJ can take this case against Malaysia if proven that the justice system here is a PUT UP SHOW.....

the popular belief is that SHOULD the prosecution appeal, then this BAGINDA will be forced to put out the proof of who really ordered the killing...

So MR C4 who has power to influence the prosecution has to ordered them not to appeal....

that is Bagindas insurance policy....also would be difficult for C4 to silence Baginda by getting rid of him becos by now, he would have spread the proofs around his relatives for safekeeping should he also gets bomb...

I believe Baginda is innocent of ordering the murder, his only sin is illecit sex with altantuya... and he also have to survive....

so since we are sure that the murderers will go free, this Seteve fella should really begin his quest for justice at international courte...otherwise..no one will ever know...WHO ORDERED THE KILLING...

dont be stupid, the two cops does not kill for the sake of killing, their job is only to protect their boss.....

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written by MalaysiaBaru, November 16, 2008 04:06:30

Sabahfan,

Please don't give any excuses to Baginda, he doesn't deserve any. Though he may just be a fall guy for the true murderer, he is equally guilty of embezzling with Najis the RM510 million submarine commission thru his company. They shared the tax payers money and the Mongolian oral translator and also the secret of the murder. In a way, by concealing the truth, he is also an accomplice to the murder.

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written by peter, November 16, 2008 08:47:06

Razak's acquittal from Altantuya case - Prosecutor not to appeal
RPK's release from ISA detention - Prosecutor to appeal
Why the double standards?

Because they have instruction from Najis. The courts in bolehland is run like any bolehland gomen department. "Ikut perintah" that all. And of course the "duit kopi".

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