By Bernama | The Sun Daily
The Federal Court wants the defence in the murder appeal of cosmetics millionaire Datuk Sosilawati Lawiya to get the audio recording of the High Court’s written judgment which was read out in open court at the end of the prosecution’s case.
This follows an application by lawyer Amer Hamzah Arshad representing R. Matan, one of the four men convicted of the murder, for the High Court written judgment to be included in the records of appeal.
He said the written judgment of High Court judge Datuk Akhtar Tahir was read out in open court at the end of the prosecution case on April 30, 2012 and copies of the judgment were given to the defence and prosecution on the same day.
Last Monday (Oct 31), counsel Manjeet Singh Dhillon representing another appellant, N. Pathmanabhan submitted that the High Court’s findings of facts at the end of the prosecution’s case – which was incorporated in the High Court appeal records – differed from the High Court’s written judgment.
Manjeet argued there was redaction in some of the High Court’s findings of facts produced in the record of appeal, and the redactions done were neither spelling nor grammar changes.
Amer Hamzah told reporters the defence could get hold of the court recordings and once the recordings were located, it would see which one was the correct version.
Pathmanabhan, a former lawyer, 46, farmhands T. Thilaiyalagan, 24, Matan, 25, and R. Kathavarayan, 36, are facing the death sentence after they were found guilty of the murder of Sosilawati, 47, bank officer Noorhisham Mohamad, 38, lawyer Ahmad Kamil Abdul Karim, 32, and Sosilawati’s driver Kamaruddin Shamsuddin, 44.
They were convicted by the Shah Alam High Court on May 25, 2013 of committing the offence at Lot 2001, Jalan Tanjong Layang, Tanjung Sepat in Banting on Aug 30, 2010.
The Court of Appeal on Dec 4 last year, upheld their conviction and death sentence.
Hearing before the Federal Court’s five-man bench led by Chief Justice Tun Arifin Zakaria continues tomorrow.