
JALSOA: Justice prevailed in Kevin Morais case
In a statement today, the association said the ruling was significant not only for the late Morais and his family but also for all members of the judiciary and legal fraternity who uphold the rule of law without compromise.
'This tragic incident serves as a reminder of the challenges faced by legal officers, particularly deputy public prosecutors, in discharging their duties to uphold truth and justice despite constant risks and threats.
'Despite concerns over the recurrence of such incidents, legal officers in the judicial and legal services will remain firm and resolute in their commitment to uphold the supremacy of the Federal Constitution and the rule of law,' the statement said.
JALSOA also conveyed its appreciation to the Royal Malaysia Police (PDRM) for conducting a thorough and comprehensive investigation, as well as to the team of deputy public prosecutors from the Attorney General's Chambers for their professionalism, diligence and courage at every stage of the proceedings.
'To the late Datuk Anthony Kevin Morais, though our acquaintance was brief, your contributions and spirit live on in our memories and in the principles we uphold. Justice has been served and your legacy remains,' it said.
Yesterday, the Federal Court upheld the death sentence imposed on a former pathologist for the murder of Morais in 2015.
A three-man bench led by Chief Justice Tun Tengku Maimun Tuan Mat affirmed the murder conviction of Colonel Dr R. Kunaseegaran, 62, S. Nimalan, 31 and S. Ravi Chandran, 53.
However, both Nimalan and Ravi Chandran were spared the gallows after the court commuted the death sentences imposed on them by the High Court to life imprisonment.
Nimalan was sentenced to 35 years in prison with 12 strokes of the cane, while Ravi Chandran was sentenced to 40 years in jail. The court did not impose whipping on Ravi Chandran, as he is above 50 years of age.
Justice Tengku Maimun said Kunaseegaran's death sentence remained as he had withdrawn his appeal against the sentence.
Meanwhile, the panel, also comprising Court of Appeal President Tan Sri Abang Iskandar Abang Hashim and Federal Court judge Datuk Rhodzariah Bujang, discharged and acquitted the other three individuals, namely R. Dinishwaran, 32, A.K. Thinesh Kumar, 31, and M. Vishwanath, 34, for the murder.
Morais, who was reported missing on Sept 4, 2015, was last seen leaving his apartment at Menara Duta, Kuala Lumpur, in a Proton Perdana.
His body was found in a cement-filled oil drum at Persiaran Subang Mewah, Subang Jaya, on Sept 16 the same year. — BERNAMA
Hashtags

Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles


New Straits Times
19 hours ago
- New Straits Times
Najib's royal addendum lacked authenticity, says A-G
PUTRAJAYA: The royal addendum order by the former Yang di-Pertuan Agong that purportedly allowed Datuk Seri Najib Razak to serve his remaining jail term under house arrest lacked official authenticity, the Federal Court heard today. Attorney-General (A-G) Tan Sri Mohd Dusuki Mokhtar said the document, which was brought up by the former prime minister, lacked the official seal and signature of Pahang Sultan Al-Sultan Abdullah Ri'ayatuddin Al-Mustafa Billah Shah.. He said the document was also addressed to former attorney-general Tan Sri Ahmad Terrirudin Mohd Salleh, who is now a Federal Court judge, instead of the director-general of the Prisons Department. "The document also lacks the signature of the federal territories minister and differs materially in format and structure from the early release order. "Najib also failed to prove the authenticity of the document," he said in his submissions to persuade the court to dismiss Najib's judicial review to compel the government to confirm the royal decree's existence and to implement its order. Dusuki said the former Pekan member of parliament had also failed to show urgency when he learned about the existence of the document, as he made no immediate effort to verify its authenticity or bring it before the court in a timely manner. "He did not show that he tried to contact Istana Negara or Istana Pahang over the purported document." However, Najib's lawyer Tan Sri Muhammad Shafee Abdullah argued that the A-G's appeal should be dismissed as the issues raised by the Attorney-General's Chambers (A-GC) did not warrant the top court's intervention under Section 96 of the Courts of Judicature Act. "The questions of law posed do not affect the outcome of the appeal since the Court of Appeal is dealing with an interlocutory matter — the leave application to commence judicial review. "The existence of the addendum order, which was initially dismissed as hearsay by the High Court, was later supported by direct evidence in the form of affidavits and a copy of the order provided by the former king via the Pahang royal household. "The fresh evidence, if true, would have had a determining influence upon the High Court's decision," he said. Shafee, in explaining why the document was not produced earlier, said Najib's eldest son Mohamad Nizar had made multiple attempts to seek permission to use the copy, but was only given the green light on Dec 2. Nizar in his supporting affidavit filed before the Court of Appeal had claimed that the Comptroller of the Sultan of Pahang's Royal Household, Datuk Ahmad Khirrizal Ab Rahman, had personally confirmed the existence and authenticity of the document. Shafee countered Dusuki by saying it was the A-GC's refusal to acknowledge or deny the authenticity of the document, despite it being addressed to the former A-G, that demonstrated a breach of the duty of candour. He said the A-GC also had every opportunity and means to verify the document with the Pahang royal household, but chose to remain silent. On Jan 6, a three-member Court of Appeal panel led by Datuk Azizah Nawawi, in a split decision, also allowed Najib's application to adduce additional affidavits to support his application. Najib, 71, is seeking a mandamus order compelling the respondents to confirm and disclose the existence of the alleged additional document dated Jan 29, 2024. He is currently serving a six-year prison sentence after being convicted of misappropriating RM42 million from SRC International Sdn Bhd. The High Court had sentenced him to 12 years in prison with a fine of RM210 million, a verdict that was subsequently upheld by the Court of Appeal and the Federal Court. However, his prison sentence was halved to six years and his fine reduced to RM50 million following his petition for a royal pardon in February last year.


Free Malaysia Today
20 hours ago
- Free Malaysia Today
Najib did not show urgency on addendum existence, says AG
Former prime minister Najib Razak is currently serving a six-year jail sentence in connection with the SRC International Sdn Bhd case, following the Federal Court's dismissal of his appeal and review application. PUTRAJAYA : Najib Razak did not exercise reasonable diligence to show that the royal addendum allegedly allowing him to serve his sentence under house arrest existed when the High Court heard his application for judicial review last year, the Federal Court heard today. Attorney-General Dusuki Mokhtar said the former prime minister had claimed to have received credible information that the former Yang di-Pertuan Agong, Al-Sultan Abdullah Sultan Ahmad Shah, had issued the addendum. 'However, he did not show that he tried to communicate with Istana Negara or Istana Pahang on the addendum order,' Dusuki said before a three-member bench chaired by Chief Judge of Malaya Hasnah Hashim. Also on the panel to hear the attorney-general's appeal to set aside the 2-1 majority ruling on Jan 6 that allowed Najib's appeal to obtain leave were Justices Zabariah Yusof and Hanipah Farikullah. Last July, the High Court refused to grant leave on the grounds that affidavits filed in support of Najib's application were hearsay evidence. Najib's son, Nizar, had filed an affidavit just before the Court of Appeal hearing in support of his father's application to also adduce fresh evidence, which the appellate court also allowed. Nizar claimed the comptroller of the Sultan of Pahang's royal household, Ahmad Khirrizal Ab Rahman, had confirmed the existence of the addendum order and verified its authenticity. Today, Dusuki said the minority judgment of the Court of Appeal was correct in finding that reasonable diligence was lacking. 'The respondent (Najib) also did not attempt to get in touch with Istana Pahang on the authenticity of the addendum that was attached to the main order on Jan 29, 2024,' he said. Hanipah interjected and said Nizar's affidavit in support of the fresh evidence was filed after the High Court ruling as Nizar had to get the ruler's consent to use a copy of the addendum in the court proceedings. Dusuki said Najib was in Kajang prison, but was allowed to use all facilities to contact the authorities. 'He who asserts the existence of the addendum must prove it,' he said. Hanipah also remarked that at the leave stage, the attorney-general ought to assist the court in determining whether Najib's application was frivolous or whether it crossed the threshold for leave. Zabariah said right-thinking people would question if the addendum co-existed with the main order. 'We are trying to clarify if this matter can be raised at the leave stage or should be argued at the substantive stage,' she said. Dusuki, who was assisted by senior federal counsel Shamsul Bolhassan and Ahmad Hanir Hambaly, said the only decision made at the Jan 29, 2024 Federal Territories Pardons Board meeting was that Najib be allowed to have his 12-year jail sentence halved and fine reduced from RM210 million to RM50 million. 'The early release order which bears the king's signature and official seal is addressed to the relevant authority, and especially makes reference to the advice tendered by the Pardons Board before the monarch,' he said. In contrast, he said, the addendum lacked Al-Sultan Abdullah's official seal and signature, and was addressed to the former attorney-general and not the director-general of prisons. 'It lacks the signature of the federal territories minister and differs materially in format and structure from the early release order,' he said, adding that Najib has failed to prove that the addendum was authentic. Dusuki said the majority in the Court of Appeal erred in relying on the Ladd v Marshall case on adducing fresh evidence, as it is a common law principle. 'The minority was correct to rely on Rule 7(3A) of the Rules of Court of Appeal 1994, which is federal law,' he said. He said this rule required a higher threshold compared with the common law principle. Najib is serving a six-year jail sentence in connection with the SRC International Sdn Bhd case, following the Federal Court's dismissal of his appeal and review application.


The Star
21 hours ago
- The Star
Najib did not make reasonable effort to obtain 'royal addendum', apex court hears
PUTRAJAYA: Datuk Seri Najib Razak failed to exercise reasonable diligence to obtain the addendum he claims would allow him to be under house arrest when he filed for leave to initiate judicial review over the matter, the Federal Court heard. Attorney General Tan Sri Mohd Dusuki Mokhtar submitted that Najib had every opportunity to obtain the addendum before the filing, but his action showed otherwise. "The respondent failed to demonstrate any evidence of reasonable diligence having been exercised to obtain the fresh evidence during the proceedings at the High Court," he said here on Wednesday (July 2). The AG was submitting at the hearing of an appeal he filed to set aside a 2-1 majority ruling by the Court of Appeal on Jan 6 that remitted Najib's case back to the High Court to be heard on its merits. ALSO READ: Apex court rejects Najib's bid to block AG's appeal Najib's application at the High Court was on his claim that the addendum exists and would allow him to serve the remainder of his prison sentence under house arrest. Dusuki said Najib's son Mohd Nizar who was a member of the Pahang state executive council, could have obtained the addendum through reasonable diligence given his frequent attendance at meetings with His Royal Highness the Sultan of Pahang. Despite this, the addendum was only obtained after the decision at the High Court. "Non-compliance with this condition renders their application to adduce fresh evidence untenable," the AG said. Meanwhile, Najib's lead counsel Tan Sri Muhammad Shafee Abdullah said that the Attorney General's Chambers was already aware of the addendum order as it was directly addressed to the then AG. The hearing resumes before a three-judge panel chaired by Chief Judge of Malaya Justice Hasnah Mohammed Hashim on July 9. The other judges on the bench are Federal Court judges Justices Zabariah Mohd Yusof and Hanipah Farikullah. On April 28, the Federal Court granted leave to the AG to appeal over Najib's additional document. ALSO READ: Najib allowed to attend hearing of AG's appeal over 'royal addendum' On Jan 6, in a 2-1 majority decision, the Court of Appeal remitted the case on Najib's claim of the existence of an additional document purportedly allowing him to serve the remainder of his six-year prison sentence under house arrest to the High Court to be heard on its merits. This decision overturned the High Court's earlier ruling, which had dismissed Najib's application for leave to commence a judicial review regarding the alleged additional document. Najib is currently serving a six-year jail sentence in connection with the SRC International Sdn Bhd case, following the Federal Court's dismissal of his appeal and review application. In February last year, the Pardons Board reduced his initial 12-year jail sentence and fine of RM210mil to six years and RM50mil.