KUALA LUMPUR (Jan 20): Shaariibuu Setev, the father of slain Mongolian interpreter Altantuya Shaariibuu, is planning to seek leave to appeal to the Federal Court following an appellate court's decision on Tuesday that absolved the Malaysian government of vicarious liability for her murder.

Speaking at an online press conference, his lawyer Sangeet Kaur Deo said the decision to move to the apex court follows a "short discussion" held immediately after the Court of Appeal's verdict. Sangeet said the issue of vicarious liability — specifically whether the government can be held responsible for the illegal acts of its employees — needs to be argued further.

The decision marks a significant departure from the High Court decision in 2022, which found the Government of Malaysia vicariously liable for the conduct of Azilah Hadri and Sirul Azhar Umar, who were police officers when they killed Altantuya.

“This is in particular vicarious liability of employers for the illegal conduct of their employees. For the time being, an application for leave to appeal will be filed to the Federal Court,” Sangeet said.

In civil cases, leave or permission is required for an appeal to proceed to the Federal Court and this is granted only if the appeal involves novel questions of law.

Earlier on Tuesday, a three-member Court of Appeal bench, led by Chief Judge of Malaya Datuk Hashim Hamzah, ruled that the government was not vicariously liable for the 2006 murder. Consequently, the bench reduced the global sum of vindicatory damages from RM5 million to RM1.409 million. (Read also: Court of Appeal: Govt not vicariously liable for Altantuya’s death; Razak Baginda and two others held responsible)

The court held that the two, who were police officers at the time, were not acting in their official capacity during the murder, describing the incident as a "private arrangement".

Shaariibuu, 75, told reporters that the nearly two-decade long legal battle was never about the money, but about seeking an apology and official accountability from the state.

“It is hard for me to put an amount to a human life that was lost and it is hard for me to put in words. Essentially, I ask myself, how much does a human life cost?  I'm not after any sum of money. I'm after justice and accountability,” he said.

He said that although some Malaysians have expressed regret to him and his family over the episode, he still wants a formal gesture of remorse.

“One day after 20 years, I will hear an apology in admitting the wrongdoing. The people who should say an apology to me [are] not the people of Malaysia, it [must be] made through the government. An official apology to the Mongolian government and the people of Mongolia, not only to myself,” he said via an English translator.

He also expressed hope that both the Malaysian and Mongolian governments would resolve the matter, noting that diplomatic relations have been strained for years because of the case.

“I sincerely request the Malaysian people to voice their concern over this case. I will do the same to the Mongolian government,” he said.

A central theme of the press conference was the "unanswered question" of who ordered the hit.

Both Sirul Azhar Umar and Azilah Hadri were sentenced to death in 2009 for the murder of Altantuya, acquitted in 2013, and then had their convictions reinstated by the Federal Court in 2015. While Azilah is currently serving a 40-year jail sentence — after his death sentence was commuted in late 2024 — Sirul fled to Australia just before the 2015 verdict. He was released from Australian immigration detention in 2023 but remains there.

Shaariibuu said he still wants to hear the truth from Azilah, who had previously alleged in affidavits that he was instructed to carry out the act. Shaariibuu had supported Azilah’s application to commute his death sentence to a prison term.

“That would answer all my questions. Once that truth has been established in the eyes of the law in front of the court, then there will be no other way that an apology should be ordered. I am hopeful to get an answer on that,” he said.

Shaariibuu has already filed a judicial review application in August 2025 to compel the authorities to complete investigations into Azilah's claim of a "kill order" from senior officials, Sangeet noted.

Reflecting on the toll the case has taken on the family, the 75-year-old gestured to his appearance, noting that he had a full head of black hair when the case began in 2006, which has turned completely white as he travelled back and forth to the Malaysian courts throughout the years.

He also spoke of the trauma suffered by Altantuya's children. One of her sons, Altanshagai Munkhtulga, passed away during the course of the litigation due to illness.

“My daughter’s kids tremendously suffered for the past 20 years, as they wondered what this case is about, resulting in an end to someone’s life. There was an order and there was a reason behind it,” he said.

To a question about the court's finding that the government is not legally liable, Shaariibuu remained firm in his plea for an apology.

“Someone did something to end someone’s life. Killing someone is not done by Azilah as a hobby. He was given an order; there was a reason behind it,” he said, adding that for this reason, "even a simple word of apology" is warranted.

Read also:
Altantuya’s father files judicial review to make authorities investigate killer Azilah’s unchallenged ‘kill order’ confession