Court upholds death sentence for ex-military doctor in Kevin Morais murder case
PUTRAJAYA : The Federal Court has upheld the death sentence imposed on former military doctor R Kunaseegaran over the murder of deputy public prosecutor Kevin Morais eight years ago.
Two others – S Nimalan, 32; and S Ravi Chandran, 54 – were sentenced to 35 years and 40 years in prison, respectively.
Nimalan was also ordered to receive 12 strokes of the rotan, while Ravi Chandran was spared caning due to his age.
Chief Justice Tengku Maimum Tuan Mat, who led a three-member panel, said Kunaseegaran's death sentence remained as he had withdrawn his appeal against the sentence.
The court acquitted three others – R Dinishwaran, 33; AK Thinesh Kumar, 32; and M Vishwanath – after ruling that the prosecution had failed to establish a prima facie case against them.
Justice Abang Iskandar Abang Hashim, who delivered the broad grounds of judgment, said the prosecution relied on circumstantial evidence to convict Kunaseegaran, Nimalan and Ravi Chandran.
'On the totality of evidence, we find it was credible and compelling.
'We considered the defence of the three and they have not created doubt in the prosecution's case,' said Abang Iskandar, who is also the Court of Appeal president.
The other judge on the bench was Justice Rhodzariah Bujang.
Abang Iskandar said Dinishwaran, Thinesh Kumar and Vishwanath should have been acquitted without being ordered to enter their defence.
'We allow their appeals and hereby set aside their conviction for murder,' he added.
Lawyer N Sivananthan, representing Kunaseegaran, informed the court that his client had instructed him to withdraw his appeal against the death penalty imposed by the High Court and affirmed by the Court of Appeal.
Lawyer Amer Hamzah Arshad, representing Nimalan, and counsel Kitson Foong, appearing for Ravi Chandran, mitigated a jail term given the court's discretionary power following amendments to the penal laws two years ago.
'My client was 22 years old at the time of the incident. He deserves a second chance to turn over a new leaf,' Amer said in the courtroom.
Foong conceded that the murder of Morais was gruesome, but pleaded for a jail term of between 30 and 40 years.
Deputy public prosecutor Fairuz Johari, however, pressed for the death sentence to be maintained as the crime had been committed on a civil servant.
'The body was in a drum filled with cement to be disposed of,' he said, adding that the crime of abducting the deceased was committed in broad daylight.
Other defence lawyers present were Y Sheelan Samuagan for Dinishwaran, Burhanudeen Abdul Wahid for Thinesh Kumar, and Afifuddin Ahmad Hafifi for Vishwanath.
Deputy public prosecutors Fuad Abdul Aziz and Yusaini Abdul Karim also appeared for the prosecution.
The High Court sentenced all of the accused to death on July 10, 2020, after finding them guilty of murdering Morais on Sept 4, 2015, somewhere between Sentul, Kuala Lumpur, and Subang Jaya in Selangor.
Morais, 55, was reported missing on Sept 4, 2015, and was last seen leaving his apartment at Menara Duta in Kuala Lumpur in his official car. His body was found in an oil drum filled with cement in Subang Jaya 12 days later.
The prosecution contends that some of the accused in a car staged an accident with the vehicle driven by Morais to abduct him as he was leaving his home.
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