Did the Court of Appeal find the government vicariously liable for police crimes?

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Court of Appeal Did Not Find Government Vicariously Liable for Police Crimes

The Court of Appeal has ruled that the Malaysian government is not vicariously liable for the actions of former police officers Azilah Hadri and Sirul Azhar Umar in the death of Altantuya Shaariibuu. The appellate court determined that the officers were not acting within the scope of their official duties at the time of the killing, as their actions stemmed from a private arrangement initiated by Abdul Razak Baginda. Consequently, the Malaysian government has been discharged from all liability in the case, and the claim against it has been dismissed.
Government Discharged from Liability

The Court of Appeal overturned the High Court's decision to hold the Malaysian government vicariously liable. The appellate judges found that the actions of Azilah Hadri and Sirul Azhar Umar were not performed in the course of their police duties. Instead, the court concluded that the criminal act was carried out pursuant to a private arrangement orchestrated by Abdul Razak Baginda, thus severing the connection between the employer and the employees.
Actions Outside Scope of Employment

The court reasoned that the police officers' involvement in Altantuya's death occurred outside the ambit of their official responsibilities. While government-issued explosives and firearms were used, the appellate bench held that the mere use of such tools did not automatically bring the criminal act within the scope of employment. These were deemed to be tools used for an unauthorised and illegal enterprise, independent of their roles as officers in the special action unit.
Private Arrangement Supersedes Official Duties

Justice Datuk K. Muniandy, delivering the court's unanimous decision, stated that the evidence indicated that Abdul Razak Baginda had sought assistance from a senior police officer, Deputy Superintendent Musa Safri, to manage issues involving Altantuya. Azilah was subsequently introduced and instructed to manage the situation. The court found no evidence that Musa Safri was acting on the instructions of the Malaysian government, suggesting he may have acted on his own account, which would not bind the government.
Liability Remains with Individual Defendants

With the Malaysian government discharged from liability, the responsibility for Altantuya's wrongful death now rests solely with the first to third defendants: Abdul Razak Baginda, Azilah Hadri, and Sirul Azhar Umar. These individuals have been held jointly and severally liable for the death. The damages awarded to Altantuya's family have been reduced from RM5 million by the High Court to RM1.38 million by the Court of Appeal.

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Did the Court of Appeal find the government vicariously liable for police crimes?

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