KUALA LUMPUR: Former police officer Sirul Azhar Umar who was convicted of the murder of Mongolian woman Altantuya Shaariibu in 2006 could file a review through his lawyer over the death sentence ruled against him in 2009.
Home Minister Datuk Seri Saifuddin Nasution Ismail, however, said the onus is on the former police officer on whether a review would be filed to change the sentence made against him.
Saifuddin said the review could be made considering that Malaysia has recently abolished the mandatory death penalty for a range of serious offences, including murder, terrorism, drug trafficking and treason.
"Yes, there is an extradition treaty between Malaysia and Australia. However, there is a difference between the extradition aspect considering Australia does not recognise nor impose the mandatory death penalty for convicts.
"The process (of extradition) can only be implemented if both countries practice the element of dual criminality, where the offence made must be deemed criminal offence and carry the same penalty in both countries.
"(And) since his current status is someone who has already been sentenced, hence, he can appeal through his lawyer for a review of his sentence considering Malaysia has abolished the mandatory death penalty," he said in a press conference in Parliament, today.
Saifuddin added that the government could also only invoke the extradition treaty with Australia to bring back Sirul Azhar if his death sentence is reduced to imprisonment.
"Yes (he can come back), if he submits a review through his lawyer and if the outcome does not lead to the death penalty, only then can we invoke the extradition agreement because the element or principle of dual criminality used by Australia still applies.
Asked whether he was confident that Sirul Azhar would file a review to have his sentence changed, Saifuddin briefly said: "No idea."
Meanwhile, he added that the extradition treaty with Australia remains status quo, with no changes being made.
"So far, it is still status quo and the police will certainly hold further discussion with the Attorney-General and other agencies (if changes are being made)."
On April 9, 2009, the court sentenced Sirul Azhar and Chief Inspector Azilah Hadri to death for the murder of Altantuya.
However, both filed appeals against their sentences and the Court of Appeal ordered both of their release in 2013.
However, the prosecution filed an appeal against the decision in the Federal Court and a five-judge panel unanimously upheld the death sentences for Sirul Azhar and Azilah after allowing the prosecution's appeal on Jan 13, 2015.
Sirul Azhar left Malaysia while the case was still under appeal and did not return when the Federal Court pronounced the sentence.
He was subsequently detained by Australian authorities, consistent with the country's policy of not repatriating individuals facing the death penalty in their home country.