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Investigating officer Tonny Lunggan said this when cross-examined by senior federal counsel Zetty Zurina Kamaruddin in the trial of the negligence suit filed by the family members of the Mongolian woman.
Zetty: Did you tell the court that Sirul took the weapon from the armoury?
Tonny: Yes.
Zetty: Do you agree with me that no witness in this trial had testified that there were any orders from any superiors for Sirul to take the weapon from the armoury?
Tonny: Yes.
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According to the armoury registry, the weapon and a magazine were removed from the store on Oct 4, 2006 and returned on Oct 30, 2006.
Last year, police officer Zulkarnain Samsudin testified in the trial that Sirul confessed to shooting Altantuya and pointed to the spot where the victim’s body was blown up when he was escorted to the murder site in Puncak Alam here on Nov 11, 2006.
Tonny also agreed with Zetty that police officers Azilah Hadri and Sirul were not involved in any “special operations” on Oct 19, 2006, the day the victim was killed.
“There were also no other superior officers involved in such an operation,” said the 26th witness for the plaintiffs.
The government, which is named as a defendant, has taken the position that Azilah and Sirul committed the crime on their own.
Tonny, 42, dismissed a suggestion by lawyer Manjeet Singh Dhillon, who is appearing for political analyst Abdul Razak Baginda, that part of the contents in his witness statement was his opinion and assumption.
He said he had testified in the criminal trial of Azilah, Sirul and Razak, and that evidence was presented.
Razak, in his defence, said he did not conspire with Azilah to murder Altantuya, his lover, as stated in an affidavit.
Re-examined by lawyer Sangeet Kaur Deo, who is representing the family, Tonny said he proposed charges to be framed against the trio based on statements recorded and other scientific evidence.
Altantuya’s father Setev, mother Altantsetseg Sanjaa and son Mungunshagai Bayarjargal had named Razak, the government, Sirul and Azilah as the defendants.
The family, which alleges conspiracy in Altantuya’s murder, is seeking RM100 million in damages, including dependency claims.
Sirul and Azilah were convicted in 2009 by the High Court of killing Altantuya, who was described as an interpreter.
They succeeded in overturning their conviction at the Court of Appeal in 2013, but the Federal Court in 2015 restored their conviction and sentenced them to death. Sirul fled to Australia before the final verdict.
Razak, who was charged with abetment in the murder, was freed at the end of the prosecution’s case. The court ruled that the charge against him was not proven, and the government did not appeal, a move that drew public condemnation.
Neither Sirul, who is being held at an Australian detention centre, nor Azilah, who is on death row at Kajang Prison, have challenged the suit.
The hearing before judge Vazeer Alam Mydin Meera continues.
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