The High Court in Shah Alam today dismissed an application by a lawyer in the murders of cosmetics millionaire Sosilawati and three others, to use a police reports lodged by a prosecution witness during cross-examination.

Justice Akhtar Tahir, when handing down the decision, said that according to Section 145 of the Evidence Act  1950, the previous statement should be admissible in court first before it could be used during the trial.

“The police report is not a first information report. Therefore, it is clearly inadmissible and cannot be used, either to corroborate or contradict the witness,” he added.

Last Friday, Gurbachan Singh, the counsel for the second accused, T Thilaiyalagan, made the application under Section 145 of the Evidence Act 1950 to cross-examine the prosecution’s 32nd witness, interrogation officer C/Insp N Govindan, by referring to several police reports lodged by the witness in the course of investigations into the case.   

Section 145 governs the cross-examination of a witness in relation to previous written statements.

In his submission, Gurbachan said the police reports may be used to show inconsistency in the witness’s testimony in court.

Deputy public prosecutor Ishak Mohd Yusoff submitted that there was a difference between first information reports (FIR) and police reports.

On trial are former lawyer N Pathmanabhan and three farm workers, Thilaiyalagan, R Matan and R Khatavarayan, who are charged with murdering Sosilawati, 47, bank officer Noorhisham Mohamad, 38, lawyer Ahmad Kamil Abdul Karim, 32, and Sosilawati’s driver, Kamaruddin Shamsuddin, 44.

Pathmanabhan, 43, Thilaiyalagan, 21, Matan, 22, and Kathavarayan, 32, allegedly committed the offence at Lot 2001, Jalan Tanjong Layang, Tanjung Sepat, Banting, between 8.30pm and 9.45pm on Aug 30, 2010.

They are charged under Section 302 of the Penal Code, read together with section 34, which carries the mandatory death sentence upon conviction.

Forensics expert received 98 exhibits

Meanwhile, 86th prosecution witness, Chemistry Department director of forensics Lim Kong Boon told the court that he received 98 exhibits from investigating officer ASP Ishak Yaacob for analysis.

The exhibits were received in stages, on Sept 27, 2010 and Oct 11, 2010, he added.

Lim said that he then kept the exhibits, which included a hoe, six pieces of zinc sheets and a pair of shoes, in the cold room and locked it.

In his testimony on Jan 12, Lim told the court that he received 54 exhibits from Ishak on Sept 15, 17 and 22, 2010.

The hearing continues tomorrow.

- Bernama