KUALA LUMPUR: The Inspector-General of Police (IGP) Tan Sri Razarudin Husain said Malaysia would need to look into the differences in the criminal justice system in the context of repatriating Sirul Azhar from Australia.
Former police officer Sirul Azhar, who fled to Australia, was previously sentenced to the death penalty for murdering Mongolian Altantuya Shaariibuu in 2006.
"We have to see it from dual (criminal justice system) where the punishment for a crime in Malaysia and Australia are the same.
"That means if the sentence there is life imprisonment, then it is the same here.
"In Sirul's case, there is no death penalty there, but (we have it)," he said.
Razarudin said that even if the mandatory death penalty has been abolished in our country, "it does not mean the punishment is absent. It could be life imprisonment or (up to) a 40-year sentence."
"We viewed that the Australian government would not cooperate with us if the death penalty for Sirul is still in effect," he said to the media when met at an event earlier today.
Australian law prevents the extradition of suspects to a foreign country in situations where they may face execution.
Hence, the previous request by the Malaysian government asking for the return of the fugitive had been rejected.
"I believe the Attorney General (AG) is working on that (to repatriate Sirul)," he added.
Razarudin said if Sirul wants to be back in Malaysia and get the sentence reviewed, "he would need to appeal to the court, be that done with the presence of him or his lawyer."
He previously disclosed plans to engage with key stakeholders, including the Attorney-General and the courts, to explore the prospect of returning the former Special Action Unit (UTK) member to the country.
"The application for repatriation needs to be referred to the A-GC because this involves the Malaysian and Australian governments," he said.
Sirul's accomplice, chief inspector Azilah Hadri, is now in Sungai Buloh prison and still serving his sentence as a death row inmate.
Azilah's fate remains in limbo as the state pardon board has not decided on his death sentence.
As Malaysia has abolished the mandatory death penalty, reviews for those sentenced to death are now under the jurisdiction of the Federal Court.