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Apex court reserves judgement in Morais murder case
Apex court reserves judgement in Morais murder case

The Star

time15-05-2025

  • The Star

Apex court reserves judgement in Morais murder case

PUTRAJAYA: The Federal Court has reserved its judgment in the appeals brought by six men convicted of the murder of deputy public prosecutor Kevin Morais a decade ago. Chief Justice Tengku Maimun Tuan Mat, who chaired a three-judge panel, said the court needed more time to reach a decision. 'We will fix a date later to deliver the decision,' she said here yesterday. Other judges on the panel were Court of Appeal president Justice Abang Iskandar Abang Hashim and Federal Court judge Justice Rhodzariah Bujang. The six convicted individuals in the murder case are former pathologist Col R. Kunaseegaran, 62; moneylender S. Ravi Chandaran, 54; and four unemployed men, R. Dinishwaran, 33; A. K. Thinesh Kumar, 32; M. Vishwanath, 35; and S. Nimalan, 32. The High Court sentenced them to death in 2020 and the Court of Appeal upheld the decision in March last year. Earlier, the court heard lengthy submissions from both parties in the case. Deputy public prosecutor Datuk Yusaini Amer Abdul Karim submitted that Morais' murder should not be viewed as a 'single transaction' but rather as the culmination of a series of coordinated actions undertaken with the shared intent to cause the victim's death. 'Although the accused may have played a minor role in the overall incident, he can still be held criminally liable for murder as the circumstances fulfil the elements of 'common intention' as outlined under Section 34 of the Penal Code,' he said. The prosecution submitted that the convictions of all six men were in order and urged the court to dismiss the appeal. DPP Yusaini was replying to submissions by defence lawyer Amer Hamzah Arshad, who previously submitted that his client, Nimalan, should not be held liable for the murder of Morais. In his reply, Amer Hamzah said that Nimalan should be acquitted of the murder charge as it was not proper to convict him solely for being present at the scene. 'I'm not saying that my client should be let off scot-free. He may be involved in the abduction but not the murder,' the lawyer said. Morais was murdered between 7am and 8pm on Sept 4, 2015 at locations along Jalan Dutamas Raya, Sentul, and No. 1, Jalan USJ 1/6D, Subang Jaya. He was reported missing on the same day he was last seen leaving his apartment at Menara Duta, Kuala Lumpur, in a car. His body was discovered on Sept 16, 2015 encased in cement inside an oil drum at Persiaran Subang Mewah, Subang Jaya.

Federal Court reserves verdict on appeals by six men convicted of DPP's murder
Federal Court reserves verdict on appeals by six men convicted of DPP's murder

Malaysian Reserve

time14-05-2025

  • Malaysian Reserve

Federal Court reserves verdict on appeals by six men convicted of DPP's murder

PUTRAJAYA — The Federal Court today reserved its verdict on the final appeals by six men convicted and sentenced to death for the 2015 murder of deputy public prosecutor (DPP) Datuk Anthony Kevin Morais, (picture) whose body was found in a concrete-filled drum. Chief Justice Tun Tengku Maimun Tuan Mat, who led a three-man panel, said the bench needed time to decide on the appeals and would set a date for the decision later. Also on the panel were Court of Appeal President Tan Sri Abang Iskandar Abang Hashim and Federal Court judge Datuk Rhodzariah Bujang. The panel resumed hearing the appeals filed by former pathologist Colonel Dr R. Kunaseegaran, 62, money lender S. Ravi Chandran, 54; and unemployed persons, R. Dinishwaran, 33; A.K. Thinesh Kumar, 32; M. Vishwanath, 35; and S. Nimalan, 32. The proceedings follow earlier hearings held on March 13 and April 23 this year. The six appellants were found guilty and sentenced to death by the Kuala Lumpur High Court in July 2020 for the murder of Morais, 55. The Court of Appeal dismissed their appeals on March 14 last year and upheld the convictions and death sentences. They subsequently appealed to the Federal Court. The murder took place at a location along Jalan Dutamas Raya Sentul and Jalan USJ 1/6D, Subang Jaya, between 7 am and 8 pm on September 4, 2015. Morais was last seen leaving in a Proton Perdana Car from his Menara Duta condominium, Kuala Lumpur, to his office at the Attorney-General's Chambers in Putrajaya. His body was found in a concrete-filled drum at Persiaran Subang Mewah, Subang Jaya, on September 16 of the same year. During the proceedings today, Deputy Public Prosecutor Datuk Yusaini Amer Abdul Karim urged the court to reject the submission by Nimalan's lawyer to adopt the 'dual crimes principle' applied in Singapore for cases involving a single incident. He said the principles laid down in the Singapore cases of Daniel Vijay Katherasan and others v PP (2010) and PP v Azlin Bte Arjunah and others (2022) are not binding on Malaysian courts as they would make it more difficult to prove crimes committed by groups and could result in offenders escaping punishment. Yusaini said there was forensic evidence linking Nimalan to the crime and that he was also the one who provided information that led to the discovery of the drum containing the victim's body. He said a plastic bag recovered from the vehicle driven by Nimalan was found to contain the deceased's DNA, while a T-shirt contained DNA from Nimalan, Ravi Chandran, and the deceased. 'Based on all the evidence presented, we submit that the sixth accused (Nimalan) clearly acted in furtherance of a common intention to commit the murder,' said Yusaini. In response, lawyer Amer Hamzah Arshad, representing Nimalan, urged the court to consider the dual crime principle as evidence showed that the discussion held a day before the incident only discussed abducting Morais and not killing him. He said Nimalan should not have been charged with murder, but only with abduction or disposing of evidence. — BERNAMA

Federal Court reserves verdict in DPP murder appeals
Federal Court reserves verdict in DPP murder appeals

The Sun

time14-05-2025

  • The Sun

Federal Court reserves verdict in DPP murder appeals

PUTRAJAYA: The Federal Court today reserved its verdict on the final appeals by six men convicted and sentenced to death for the 2015 murder of deputy public prosecutor (DPP) Datuk Anthony Kevin Morais, whose body was found in a concrete-filled drum. Chief Justice Tun Tengku Maimun Tuan Mat, who led a three-man panel, said the bench needed time to decide on the appeals and would set a date for the decision later. Also on the panel were Court of Appeal President Tan Sri Abang Iskandar Abang Hashim and Federal Court judge Datuk Rhodzariah Bujang. The panel resumed hearing the appeals filed by former pathologist Colonel Dr R. Kunaseegaran, 62, money lender S. Ravi Chandran, 54; and unemployed persons, R. Dinishwaran, 33; A.K. Thinesh Kumar, 32; M. Vishwanath, 35; and S. Nimalan, 32. The proceedings follow earlier hearings held on March 13 and April 23 this year. The six appellants were found guilty and sentenced to death by the Kuala Lumpur High Court in July 2020 for the murder of Morais, 55. The Court of Appeal dismissed their appeals on March 14 last year and upheld the convictions and death sentences. They subsequently appealed to the Federal Court. The murder took place at a location along Jalan Dutamas Raya Sentul and Jalan USJ 1/6D, Subang Jaya, between 7 am and 8 pm on September 4, 2015. Morais was last seen leaving in a Proton Perdana Car from his Menara Duta condominium, Kuala Lumpur, to his office at the Attorney-General's Chambers in Putrajaya. His body was found in a concrete-filled drum at Persiaran Subang Mewah, Subang Jaya, on September 16 of the same year. During the proceedings today, Deputy Public Prosecutor Datuk Yusaini Amer Abdul Karim urged the court to reject the submission by Nimalan's lawyer to adopt the 'dual crimes principle' applied in Singapore for cases involving a single incident. He said the principles laid down in the Singapore cases of Daniel Vijay Katherasan and others v PP (2010) and PP v Azlin Bte Arjunah and others (2022) are not binding on Malaysian courts as they would make it more difficult to prove crimes committed by groups and could result in offenders escaping punishment. Yusaini said there was forensic evidence linking Nimalan to the crime and that he was also the one who provided information that led to the discovery of the drum containing the victim's body. He said a plastic bag recovered from the vehicle driven by Nimalan was found to contain the deceased's DNA, while a T-shirt contained DNA from Nimalan, Ravi Chandran, and the deceased. 'Based on all the evidence presented, we submit that the sixth accused (Nimalan) clearly acted in furtherance of a common intention to commit the murder,' said Yusaini. In response, lawyer Amer Hamzah Arshad, representing Nimalan, urged the court to consider the dual crime principle as evidence showed that the discussion held a day before the incident only discussed abducting Morais and not killing him. He said Nimalan should not have been charged with murder, but only with abduction or disposing of evidence.

Federal Court reserves verdict on appeals by six men convicted of DPP's murder
Federal Court reserves verdict on appeals by six men convicted of DPP's murder

The Sun

time14-05-2025

  • The Sun

Federal Court reserves verdict on appeals by six men convicted of DPP's murder

PUTRAJAYA: The Federal Court today reserved its verdict on the final appeals by six men convicted and sentenced to death for the 2015 murder of deputy public prosecutor (DPP) Datuk Anthony Kevin Morais, whose body was found in a concrete-filled drum. Chief Justice Tun Tengku Maimun Tuan Mat, who led a three-man panel, said the bench needed time to decide on the appeals and would set a date for the decision later. Also on the panel were Court of Appeal President Tan Sri Abang Iskandar Abang Hashim and Federal Court judge Datuk Rhodzariah Bujang. The panel resumed hearing the appeals filed by former pathologist Colonel Dr R. Kunaseegaran, 62, money lender S. Ravi Chandran, 54; and unemployed persons, R. Dinishwaran, 33; A.K. Thinesh Kumar, 32; M. Vishwanath, 35; and S. Nimalan, 32. The proceedings follow earlier hearings held on March 13 and April 23 this year. The six appellants were found guilty and sentenced to death by the Kuala Lumpur High Court in July 2020 for the murder of Morais, 55. The Court of Appeal dismissed their appeals on March 14 last year and upheld the convictions and death sentences. They subsequently appealed to the Federal Court. The murder took place at a location along Jalan Dutamas Raya Sentul and Jalan USJ 1/6D, Subang Jaya, between 7 am and 8 pm on September 4, 2015. Morais was last seen leaving in a Proton Perdana Car from his Menara Duta condominium, Kuala Lumpur, to his office at the Attorney-General's Chambers in Putrajaya. His body was found in a concrete-filled drum at Persiaran Subang Mewah, Subang Jaya, on September 16 of the same year. During the proceedings today, Deputy Public Prosecutor Datuk Yusaini Amer Abdul Karim urged the court to reject the submission by Nimalan's lawyer to adopt the 'dual crimes principle' applied in Singapore for cases involving a single incident. He said the principles laid down in the Singapore cases of Daniel Vijay Katherasan and others v PP (2010) and PP v Azlin Bte Arjunah and others (2022) are not binding on Malaysian courts as they would make it more difficult to prove crimes committed by groups and could result in offenders escaping punishment. Yusaini said there was forensic evidence linking Nimalan to the crime and that he was also the one who provided information that led to the discovery of the drum containing the victim's body. He said a plastic bag recovered from the vehicle driven by Nimalan was found to contain the deceased's DNA, while a T-shirt contained DNA from Nimalan, Ravi Chandran, and the deceased. 'Based on all the evidence presented, we submit that the sixth accused (Nimalan) clearly acted in furtherance of a common intention to commit the murder,' said Yusaini. In response, lawyer Amer Hamzah Arshad, representing Nimalan, urged the court to consider the dual crime principle as evidence showed that the discussion held a day before the incident only discussed abducting Morais and not killing him. He said Nimalan should not have been charged with murder, but only with abduction or disposing of evidence.

Federal Court reserves judgment in appeal of six convicted of murdering Kevin Morais
Federal Court reserves judgment in appeal of six convicted of murdering Kevin Morais

The Star

time14-05-2025

  • The Star

Federal Court reserves judgment in appeal of six convicted of murdering Kevin Morais

PUTRAJAYA: The Federal Court has reserved its judgment in the appeals brought by six men who were convicted in the murder of Deputy Public Prosecutor Kevin Morais a decade ago. Chief Justice Tengku Maimun Tuan Mat, who chaired a three-judge panel, said the court needed some time to decide on the appeal. "We will fix a date later to deliver the decision," she said here on Wednesday (May 14). Other judges on the panel were Court of Appeal president Justice Abang Iskandar Abang Hashim and Federal Court judge Justice Rhodzariah Bujang. The six convicted individuals in the murder case are former pathologist Col R Kunaseegaran, 62, moneylender S. Ravi Chandaran, 54, and four unemployed men, R. Dinishwaran, 33; AK Thinesh Kumar, 32; M. Vishwanath, 35; and S. Nimalan, 32. They were sentenced to death by the High Court in 2020 and the decision was upheld by the Court of Appeal in March, last year. Earlier, the apex court heard lengthy submissions from both parties in the case. Deputy Public Prosecutor Datuk Yusaini Amer Abdul Karim submitted that Morais' murder should not be viewed as a "single transaction" but rather a culmination of a series of coordinated actions, undertaken with the shared intent to cause the victim's death. "Although the accused may have played a minor role in the overall incident, he can still be held criminally liable for murder, as the circumstances fulfil the elements of 'common intention' as outlined under Section 34 of the Penal Code," he said. The prosecution submitted that the convictions of all six men were safe and urged the court to dismiss the appeal. DPP Yusaini was replying to a submission by defence lawyer Amer Hamzah Arshad who had previously submitted that his client, Nimalan, should not be made liable for the murder of Morais. In his reply, Amer Hamzah said that Nimalan should be acquitted from the murder charge as it was not safe to convict him solely for being present at the scene. "I'm not saying that my client should be let off scot-free. He may be involved in the abduction but not the murder," the lawyer said. Other lawyers present were Kitson Foong (representing Ravi Chandaran), M. Manoharan (for Dinishwaran), Datuk N. Sivananthan (for Kunaseegaran), Burhanudeen Abdul Wahid (for Thinesh Kumar) and Afifuddin Ahmad Hafifi (Vishwanath). Morais was murdered between 7am and 8pm on Sept 4, 2015, at locations along Jalan Dutamas Raya, Sentul, and No. 1, Jalan USJ 1/6D, Subang Jaya. He was reported missing on the same day after he was last seen leaving his apartment at Menara Duta, Kuala Lumpur, in a Proton Perdana. His body was discovered on Sept 16, 2015, encased in cement inside an oil drum at Persiaran Subang Mewah, Subang Jaya.

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