Australia faces diplomatic dilemma over detained killer sentenced to death in Malaysia

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.