a day ago
Ex-lorry driver's 18-year jail term for killing Indian national upheld
A three-member Federal Court panel chaired by Justice Zabariah Yusof said there was no reason to disturb the findings of the lower courts on the conviction and sentence meted out to R Kamaraj.
PUTRAJAYA : The Federal Court today unanimously upheld the 18-year jail sentence imposed on a former lorry driver for culpable homicide not amounting to murder.
A three-member panel chaired by Justice Zabariah Yusof said there was no reason to disturb the findings of the lower courts on the conviction and sentence meted out to R Kamaraj, 35.
'The appeal is dismissed, and the decisions of the Court of Appeal and the High Court are affirmed,' she said.
Also on the bench were Justices Nordin Hassan and Vazeer Alam Mydin Meera.
Kamaraj, S Kumaravelan, 31, and P Tanabalan, 50, were jointly charged with the murder of Indian national M Selvam in front of an empty house in Taman Bandar Seremban, Senawang, Negeri Sembilan, on Nov 27, 2016.
Tanabalan died of a heart attack while awaiting trial.
At the close of the prosecution's case, the High Court in Seremban ordered Kamaraj and Kumaravelan to enter their defence for culpable homicide not amounting to murder, which carries a jail term of up to 30 years upon conviction.
Kamaraj was sentenced to 18 years in prison while Kumaravelan received 13 years.
Both men appealed to the Court of Appeal for a reduction in their sentences, although Kumaravelan later withdrew his appeal.
The Court of Appeal upheld Kamaraj's sentence after he confessed to the crime.
According to the facts of the case, Kamaraj's girlfriend entrusted Selvam with an undisclosed sum of money, but Selvam later refused to return it.
Kamaraj then enlisted the help of Kumaravelan and Tanabalan to 'teach Selvam a lesson' by physically assaulting him, including beating him with a stick.
The trial judge imposed a lighter sentence on Kumaravelan, noting that he had played a lesser role in the incident.
Today, deputy public prosecutor How May Ling argued that the 18-year sentence was not excessive as it was imposed after a full trial and reflected the severity of the crime.
'The sentence took into account the gravity and number of injuries inflicted on the deceased,' she said, citing 67 injuries, including to vital organs.
'A reduction in sentence would send the wrong message to the public,' she added.
Defence lawyer Amirul Jamaluddin argued that Kamaraj's conviction was unsafe due to the questionable credibility of prosecution witnesses.
Another lawyer, Afifuddin Ahmad Hafifi, contended that there was a disparity in sentencing between Kamaraj and Kumaravelan, despite both being charged with common intention.
