By Timothy Achariam | The Edge Malaysia
The Federal Court has delayed its decision on the appeal of six men, including retired pathologist Dr R. Kunasegaran, who were convicted and sentenced to death for the murder of deputy public prosecutor Datuk Kevin Morais 10 years ago.
Chief Justice Tun Tengku Maimun Tuan Mat, who led the panel, said the court needs time to review the lawyers’ arguments and submissions before making a ruling. A new date for the decision will be announced soon.
Today, deputy public prosecutor (DPP) Datuk Yusaini Amer Abdul Karim, in his submissions, urged the bench to reject defence lawyer Amer Hamzah Arshad’s argument to apply Singapore’s “dual crimes” principle in this case.
The dual crimes principle means that in a crime with multiple people, each person can be charged based on their actions and intent.
Amer, representing one of the six men sentenced to death, referred to two Singapore cases where different people involved in the same crime were charged differently. He argued that Nimalan should only be charged with abduction and disposing of the body, not murder.
However, Yusaini said Singapore’s cases don’t apply in Malaysia and called the argument a “nonstarter”. He maintained that Nimalan shared a “common purpose” with the others and the court was right to convict him of murder under section 34 of the Penal Code.
The bench was flanked by Court of Appeal president Tan Sri Abang Iskandar Abang Hashim and Federal Court judge Datuk Rhodzariah Bujang.
The six found guilty of Morais’ murder are Kunaseegaran, Ravi Chandran, R. Dinishwaran, A.K. Thinesh Kumar, M. Vishwanath and S. Nimalan.
The crime took place between 7am and 8pm on Sept 4, 2015, along the way from Jalan Dutamas Raya in Kuala Lumpur to Jalan USJ 1/6D, Subang Jaya, Selangor.
Y. Sheelan Samuagan represented Dinishwaran, Kitson Foong appeared for Ravi Chandran, Burhanudeen Abdul Wahid acted for Thinesh Kumar, Afifuddin Ahmad Hafifi represented Vishwanath and Amer Hamzah Arshad defended Nimalan, while N. Sivananthan represented Kunaseegaran.
Morais was reported missing on Sept 4, 2015. He was last seen leaving his apartment in Menara Duta in a Proton Perdana car with the registration number WA6264Q.
His remains were discovered in a cemented drum at Persiaran Subang Mewah, Subang Jaya, on Sept 16, 2015.
The prosecution stated that all the accused, except the doctor, had gathered at the Syed Bistro restaurant in Petaling Jaya before proceeding to Jalan Dutamas to wait and follow Kevin from his residence.
Evidence presented showed that Kevin’s car was rammed by a Mitsubishi Triton shortly after he left his house. He was then forcibly removed from his car, placed in a plastic sack and put in the boot of the Mitsubishi.
Kevin was subsequently kept in an oil drum overnight in front of a stall belonging to Gunasekaran at No 1, Jalan USJ 1/6, Subang.
Using a forklift, the accused then dumped the drum containing Kevin into a swamp not far from the stall.
