A former pathologist and five others were sentenced to death for the 2015 murder of deputy public prosecutor Anthony Kevin Morais.
Judge Azman Abdullah issued the verdict following the conviction of the six accused during open court proceedings this afternoon.
Azman ruled that the defence failed to raise a reasonable doubt in the prosecution's case and that the prosecution succeeded in proving a prima facie case.
Morais body was found in a barrel filled with concrete five years ago. A total of 84 witnesses, including 14 defence witnesses, testified since the trial began on April 6, 2016.
The accused - former pathologist Colonel Dr R Kunaseegaran, 57; R Dinishwaran, 28; AK Thinesh Kumar, 27; M Vishwanath, 30; S Nimalan, 27 and S Ravi Chandaran, 49 - were alleged to have murdered Morais along Jalan Dutamas Raya Sentul and No 1, Jalan USJ 1/6D, Subang Jaya, between 7am and 8pm on Sept 4, 2015.
They were charged under Section 302 of the Penal Code which carries the mandatory death penalty.
Reading out his judgment, Azman said the prosecution had succeeded in proving that the first accused (Kunaseegaran) and the third to seventh accused (Dinishwaran, Thinesh Kumar, Vishwanath, Nimalan, and Ravi Chandaran) had committed murder as per Section 300 of the Penal Code.
“The accused (third to seventh) with the common intention of the first accused, in their defence, failed to raise any reasonable doubt in the prosecution’s case.
“With this, all six of you accused are found guilty and thereby are to be sentenced under Section 302 of the Penal Code.
"With this, you are sentenced to be hanged until you are dead,” Azman ruled as all six accused looked on from the dock.
Lawyer N Sivananthan acted for Kunaseegaran while counsel Sheelan Arjunan represented the other five.
Earlier, when met by the media before the proceedings, Kevin’s younger brother Richard Morais expressed hope that today’s ruling would provide closure for the deceased’s family.
“Today, after four-and-a-half years of stress and waiting for justice to be served, I implore the learned judge to hear the voice of the late Kevin Morais and me standing here and hand down the highest possible sentence, preferably the mandatory death sentence on all the accused.
“This will not change the fact that we have lost Kevin, a fantastic and dedicated DPP, a loving and caring brother, a supportive and loyal friend. And finally, I hope this court will give us closure in knowing that these criminals will pay for their crimes and will never be allowed to rejoin society again,” said Richard.
When met after proceedings, incoming Solicitor-General Abdul Razak Musa said that the prosecution team appreciated today’s verdict.
Abdul Razak, who at one point had been part of the prosecution team for the trial, said that he and the other DPPs had come to court today to give support as the case concerned the safety of legal officers.
“Kevin had served (as a legal officer) for 28 years. Most officers have worked with him. They appreciate the decision (by the court today).
“We are thinking of our safety in the future,” said Abdul Razak said.
DPP Wan Shaharuddin Wan Ladin also commended the prosecution’s success in the case.
“Even though I am now attached to another agency, I still came today on behalf of the late (Kevin) Morais. Rest in peace, Kevin,” said Wan Shaharuddin.
When met by the media, Sivananthan confirmed that they would be appealing to the Court of Appeal.
Previously, there was a second accused, G Gunasekaran, 52, who was charged alongside the other six accused who were sentenced today.
However, on Dec 20, 2016, the High Court allowed the prosecution’s application to withdraw the murder charge against Gunasekaran who later testified as a prosecution witness.
During the trial, the issue of the possible motive behind Kevin's murder was raised by the prosecution, namely that it was linked to the deceased's role in a separate case against Kunaseegaran at the Shah Alam courts.
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