KUALA LUMPUR: Convicted murderer Azilah Hadri may find a second chance in life if the court approves a review of his death penalty, potentially allowing for his release at the age of 58 - 11 years from now.
Home Minister Datuk Seri Saifuddin Nasution Ismail previously said Azilah was among some 1,000 detainees who had applied for a review of their death sentences.
The Review of Sentence of Death and Imprisonment for Natural Life (Temporary Jurisdiction of the Federal Court) Act 2023 (Act 847) allows for prisoners currently serving the mandatory death sentence to have their sentence commuted to a jail term of not less than 30 years and not exceeding 40 years.
Prominent lawyer Haniff Khatri Abdulla said even if Azilah, now aged 47, was given a maximum of 40 years of jail time, the actual period he would have to serve is just 26 years.
This, he explained, was due to the automatic one-third remission given to prisoners as stipulated under the Prison Regulation 2000.
The one-third remission was given after taking into account weekends and public holidays.
However, Azilah may receive a further reduction in his jail sentence, considering that he has already served about 15 years in prison since 2006.
"The case happened in 2006 and he and Sirul (Azhar Umar) were arrested around the same year and were in prison for seven years until the Court of Appeal acquitted them in 2013.
"In 2015 (Jan 13), the Federal Court upheld the High Court's conviction and Azilah was sent to prison and he has been there for over eight years (until 2023).
"So in total, he has been in prison for about 15 years, minus 26 meaning he has another 11 years to serve (should he be given a review to his death sentence)," he told the New Straits Times.
Azilah's accomplice, Sirul, who has been on the run since 2014, will likely face more challenges in his sentence review due to his decision to be a fugitive.
To date, Sirul, who previously sought "refugee" status in Australia, has yet to apply for his sentence to be reviewed.
Despite the extradition agreement between Australia and Malaysia, his return hit a roadblock as Australia prohibits the extradition of individuals facing the death penalty.
Haniff, however, believed that the Attorney-General's Chambers may file for Sirul's death sentence to be reviewed on the grounds of preventing further evasion of punishment and upholding the rule of law.
"The A-G should make an application (to review Sirul's death penalty) and argue that he has to, as the keeper of the law of justice in the country, ensure people don't take advantage of the lacunae (gaps) in the law.
"Right now, we have a convicted murderer living a normal life in Australia. Applying for a review could pave the way for him to be extradited to Malaysia.
"Even though the person who should apply (Sirul) is not applying, we are doing so because we want the law to be able to be enforced against him," he said previously.
Haniff, however, believed that Sirul may not be given an additional "discount" to his jail sentence, on top of the automatic one-third reduction given the fact that he has chosen to run away and escape his punishment.
Haniff said it is also uncertain whether the court will consider the seven years of imprisonment he served before being acquitted in 2013 when determining the new jail sentences for his act.
"He had run away. He put an effort to ensure that he does not go through punishment and the court will take into account all these factors.
"So that is why we can't liken Azilah and Sirul's situation. Azilah didn't run away, Sirul did.
"So let's say in order for him to be able to be brought back to Malaysia, they need to commute his sentence. Will they then provide him with less than 40 years imprisonment?
"I don't know. But I don't think so. Azilah has served years of punishment so they may want to reduce his (sentence) but Sirul has been enjoying his life in the past years and now he is with his children," he said.
Haniff said running away from imprisonment is also a crime that could result in him being sentenced to an additional period in jail.
"Whether the court wants to take into account the time he had spent in prison before he was acquitted by the court of appeal, it is up to the court, it is up to the lawyer how they were to argue.
"But if I were on the prosecution side, I would argue that no, he should not be given the benefit because he ran away and enjoyed life outside prison for a certain time.
"Even though he was detained at a detention centre in Australia, the centre is different from prison because it is not a centre to punish prisoners, it is a centre to house overseas people running away and seeking asylum.
"The condition is different (from prison)," he said.
Azilah and Sirul were found guilty of the murder of Mongolian Altantuya Shaariibuu in 2006.
They were sentenced to a mandatory death sentence by the High Court in 2009 before it was overruled in the Court of Appeal in 2013.
Freed after seven years in prison, Sirul later took advantage to run to Australia in 2014.
The Federal Court in 2015, however, upheld the High Court conviction.
