For Sirul Azhar Umar …over a decade after a deed that will forever live in infamy…the long awaited opportunity for him to put into words his conviction that what he did to Altantuya on that October night of 2006 was not of his own volition, may soon come. Not in a matter of days or even weeks, for even in Australia the wheels of justice may at times be slowed by foul or fair means…..slowed but it will certainly not be stopped….for not even politicians or prime ministers, can halt natural justice to anybody in Australia….not even to an unlawful non-citizen in Australia…and for Sirul the process of having his say in an independent open court will come later rather than sooner…but come it will within the next twelve months. 

We now know that his application for a Protection Visa has been refused.

Within the stipulated period, his Lawyers will submit an application for a review of that decision by the Department of Immigration and Border Patrol (DIBP) to NOT grant him the Protection Visa. This appeal with be heard by the Administrative Appeals Tribunal (AAT) in a matter of weeks. 


Migration & Refugee

We review decisions made by officers of the Department of Immigration and Border Protection to refuse or cancel visas.  We can also review decisions relating to approval and cancellation of sponsorship and nomination.
Decisions which could be reviewed in the former Migration Review Tribunal and Refugee Review Tribunal are now reviewed in our Migration & Refugee Division.

The AAT will hear Sirul’s appeal against that decision by DIBP to not grant him the protection visa. It is my opinion that being part of the Government, this Tribunal will, in all probability, uphold the decision made by DIPB to not grant Sirul a Protection Visa.  

If that happens, there is still one other option left for Sirul to get to work, stay and play in Australia rather then be locked up in detention for the term of his natural life should he still insists on staying in Australia. 

He can appeal to the High Court to grant him that Protection Visa.


Role of the High Court 

     
Court Room 2The High Court is the highest court in the Australian judicial system. It was established in 1901 by Section 71 of the Constitution. The functions of the High Court are to interpret and apply the law of Australia; to decide cases of special federal significance including challenges to the constitutional validity of laws and to hear appeals, by special leave, from Federal, State and Territory courts.

The seat of the High Court is in Canberra, where it is located in its own building within the Parliamentary Triangle. The High Court building houses three courtrooms, Justices’ chambers, and the Court’s main registry, library, and corporate services facilities. In addition, there are offices of the High Court Registry in Sydney and Melbourne, staffed by officers of the High Court. In Adelaide, Brisbane, Darwin and Perth, registry functions are performed on behalf of the High Court by officers of the Federal Court of Australia, and in Hobart they are performed by officers of the Supreme Court of Tasmania.     

Should the High Court concurs with the decision of the DIBP and the AAT…then tiada maaf bagi Sirul! No more appeals. Either he stays in detention if he wants to stay in Australia or go back to Malaysia to be hanged. 
So what are the ramification of the above process for Najib Razak, Razak Baginda, Unit Tindakan Khas, PDRM and the Government of Malaysia? 
Simply said…if Sirul wants to work, stay and play in Australia he must tell the truth as to why he murdered Altantuya. If you believe that on that fateful October night in 2006, for lack of anything better to do….Sirul went with his immediate superior – Chief Inspector Azilah Hadri – to blow up a Mongolian Lady with C4 explosives….then you must have not been present last Saturday when God was giving out brains in Putrajaya. At the Australian High Court Sirul must have the conviction and the strength to stand up in open court to tell the Judges what he did and why he did it….and in so doing try to convince the court that what he did was not criminal in nature but a political crime committed in the belief that what he was  doing was for King and Country – and then, and only then, will Sirul be granted a Protection Visa.  Anything less will mean that he will spend his time in Australia in detention. 
Sirul understands this. 

His lawyers in Sydney are seasoned in immigration matters and well respected in Australia for that very reason… and thereby hangs a tale. Why, or who, decided on Sirul’s behalf to appoint those Australian lawyers? Who have been paying these lawyers until now? And now that the process of having Sirul tell the truth to gain his freedom in Australia have already started (after two long years of detention!)…..can interested and relevant parties in Malaysia keen to keep Sirul silent and isolated in the Villawood detention centre, do anything about it? 

What Malaysia and parties in Malaysia can and cannot do is very clear. They can commute the death sentence and have Sirul extradicted back to Malaysia.  They cannot  extradite Sirul for as long as he is to be hanged until dead should the Australian government sent him back to Malaysia. And the other thing Malaysian cannot do….and Malaysians include the Prime Minister, Razak Baginda and the UTK and PDRM…is to interfere in the Judicial process and Independence of the Judiciary in Australia.
For two years Sirul has been held in detention. He has now been told that he has been denied a Protection Visa. This is what they would all an “Administration process”…..a process under the “management” of politicians. The appeal to the AAT is the first step of taking it out of the Administrative Process and into an independent judiciary process that will, at the very least, give Sirul his day in open court to convince you, me and everyone else, including the Judges, that what he did was a political crime and thus he is deserving of being given protection in Australia.  
Of course what he has to say and what he will say in open court, are for now, the stuff of conjectures and speculations. Only Sirul knows for sure….but this we all know. His aged mother and daughter still resides in Malaysia. If you are in Sirul’s position in Australia and you have an aged mother and daughter still in Malaysia…what would you be inclined to do?      
Would you say anything that could and would upset some very rich and very powerful people in Malaysia to the point that they may do something about making Sirul not talk? What that would be is for you to ponder. And….what would Sirul do if enough dedak is put in front of him to keep quiet?
These are the “druthers” that Sirul Azhar Umar are confronted with. Before any of you want to pass judgement on him for what he did to Altantuya understand this : State sponsored murders and terrorism are a common occurrence in ANY country for reasons best known to the powers that be. There are people who murder for money. Some for revenge. For love. ……and then there are those who will do what their government tell them to do because that is the job they have been trained to do. And having done that job does it not stand to reason that at the very least, that person should NOT have expected to spend over a decade being punished for a job he was asked to do by his “government?”
Enough said.