KUALA LUMPUR: The family of the murdered Mongolian model Altantuyaa Shaariibuu has filed a judgment debtor summons (JDS) against political analyst Abdul Razak Baginda to recover a RM9.2 million debt.
Altantuyaa's father Shaariibuu Setev and two other family members filed the application at the High Court on July 24 this year.
A JDS is a court order requiring someone who owes money after losing a lawsuit to appear in court and explain why they failed to pay the debt.
According to the documents sighted by NST, the amount was inclusive of RM5 million awarded to the family by the Shah Alam High Court in a civil lawsuit relating to Altantuyaa's death.
The debt also included RM4,261,943.26 (5 per cent interest per annum on the RM5million imposed from the date of the civil action filed) and RM25,000 in costs.
It is understood that Razak had filed for a stay (of the JDS) on Aug 22 pending appeal at the Court of Appeal.
He is also seeking to appeal the Shah Alam's High Court decision. The court set Nov 12 for case management.
Altantuya's family filed a RM100 million civil suit in 2007 over her death by naming former policemen Azilah Hadri and Sirul Azhar Umar, political analyst Razak and the government as defendants.
On Dec 16, 2022, the court awarded RM5 million in damages to the plaintiffs, namely Altantuya's parents, Dr Shaariibuu Setev and Altantsetseg Sanjaa, as well as their two grandsons Mungunshagai Bayarjargal and Altanshagai Munkhtulga.
Judge Datuk Vazeer Alam Mydin Meera, now a Court of Appeal judge, in his full judgment said the court drew an adverse inference against Razak when he refused to testify under oath in the high-profile murder.
"Despite the opportunity to explain all this away by taking the stand, Razak chose not to.
"There is clear oblique motive on the part of Razak in electing to submit that there is no case to answer and thereby not testifying under oath or calling witnesses in his behalf.
"The court is entitled to invoke adverse inference under Section 114(g) of the Evidence Act 1950," he said.
Vazeer said the only link between Azilah and Sirul and the deceased was Razak, who wanted the harassment and embarrassment by the deceased to stop.
"Even though Razak in his statement said that he purportedly told Azilah not to think of such things, he nevertheless continued to seek the latter's assistance by giving the details of the deceased's identity and the hotel where she was staying.
"When the deceased showed up outside his residence on the fateful night, he once again enlisted the assistance of Azilah, a self-confessed murderer, to take care of the deceased," he said.
Meanwhile, the judge also ruled that the government was held vicariously liable for the murder as it was carried out by serving policemen using government resources.
He said the heinous murder committed by Azilah and Sirul, who were then part of the police force's Special Action Unit (UTK), was carried out using resources provided by the government.
The Federal Court in January 2015 found Azilah and Sirul guilty of murdering Altantuya and sentenced them to death by hanging.