Australia faces diplomatic dilemma over detained killer sentenced to death in Malaysia
Australian authorities cannot send Malaysian Sirul Azhar Umar home to be hanged
A Malaysian fugitive detained in Australia has created a diplomatic problem for the Australian government which cannot by law extradite someone who could face capital punishment.
Sirul Azhar Umar, a 43-year-old former policeman, was sentenced last week to death for the murder of a Mongolian woman who was shot and blown up with explosives in 2006 after her year-long affair with a friend of Malaysian Prime Minister Najib Razak ended. The case has reverberated through the Malaysian political scene, with suggestions of a cover-up and that the victim had knowledge of corrupt government dealings.
Sirul fled to Australia before a panel of five Supreme Court judges upheld his conviction and ordered that he be hanged.
Australia's Department of Immigration and Border Protection confirmed that Sirul was detained in the east coast city of Brisbane on Tuesday.
"The department is aware of the Malaysian authorities' interest in this individual, however due to privacy reasons cannot comment further," the department said.
Don Rothwell, an Australian National University expert on international law, said if Sirul was extradited, Malaysia would first have to ensure he would not be executed.
"The Extradition Act makes it quite clear that if a person has been sentenced to capital punishment or has been charged with an offence which could lead to the imposition of capital punishment, the attorney general can refuse extradition until such time as appropriate assurances are given that capital punishment wouldn't be applied," Rothwell said.
Sirul's case was particularly complicated because the Malaysian court had already passed sentence, Rothwell said.
"Unless Malaysia was able to give to Australia those assurances, under Australian law extradition would not take place," he said.
Malaysian Home Minister Wan Junaidi Tuanku Jaafar told the Bernama news agency that Malaysia would consider bringing legal action against Australia, which has abolished capital punishment, if the government refuses to extradite Sirul.
Sirul and Azilah were initially convicted in 2009 of the murder of Altantuya Shaariibuu but both won an appeal in 2013. The Supreme Court upheld the initial High Court ruling.
The prosecution contended the murder of Shaariibuu, 28, was ordered by her former lover, Abdul Razak Baginda, a prominent defence analyst, after their affair ended. The High Court in 2008 acquitted Abdul Razak, a married man and a former confidante of Prime Minister Najib, of charges of abetting the murder.
Abdul Razak was tasked by the Malaysian government with procuring submarines from France in a US$1.1 billion deal. Najib Razak was defence minister at the time of the deal. Allegations have simmered for years that Altantuya was murdered to keep her quiet about purported kickbacks to high-level officials.
