Sosilawati Lawiya and three others were in Banting on Aug 30, 2010, the day they were reported missing, to meet up with former lawyer N Pathmanabhan.

The cosmetics millionaire wanted to expedite a post-dated cheque worth RM3 million and also in relation to a land matter, the High Court in Shah Alam was told today.

Deputy public prosecutor Ishak Mohd Yusoff said the prosecution’s evidence showed that Sosilawati had informed her daughter, Erni Dekritawati Yuliana Buhari, that she was going to Banting, accompanied by Noorhisham Mohamad, Ahmad Kamil Abdul Karim and Kamaruddin Shamsuddin.

He said it was also the prosecution’s contention that both Noorhisham and Kamil had informed their wives on Aug 30, 2010, about going to Banting in relation to Sosilawati’s land matter, and phone conversation between Kamaruddin and his nephew that he was in Banting with Sosilawati.

He said, based on evidence given by Erni Dekritawati Yuliana, with regard to her telephone conversation with Ahmad Kamil on the evening of Aug 30, 2010, the victims must have been very near to Ladang Gadong because about 7pm, Pathmanabhan’s former domestic helper had spotted three men and a woman arriving at the farm.

“The presence of Noorhisham’s blood on a cricket bat and on a wall indicates a very simple but telling inference that Noorhisham was present at that particular place, and that some sort of injury must have been inflicted on him at that location.

“The prosecution contends that it must have been one of the accused who had done such an act towards Noorhisham as the place where the blood was found, is where the accused made their dwelling. In fact, all accused persons were present on Aug 30, 2010 when Pathmanabhan’s former domestic helper said she saw a woman and three men,” said Ishak in his submission.

Pathmanabhan and three farm workers, T Thilaiyalagan, R Matan and R Khatavarayan are charged with the murder of Sosilawati, 47, bank officer Noorhisham, 38, lawyer Ahmad Kamil, 32, and Sosilawati’s driver, Kamaruddin, 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 face the mandatory death sentence upon conviction under Section 302 of the Penal Code.

Earlier, Ishak said, it was stated in the opening speech that the prosecution would be relying on two prosecution witnesses, U Suresh and K Sarawanan, for direct evidence on what happened on the fateful date in Ladang Gadong.

Suresh, 28, and Sarawanan, 21, are serving a 20-year prison sentence at the Sungai Udang Prison in Melaka for disposing off evidence in the murder case.

Sadly, Ishak said, both witnesses turned hostile, resulting in impeachment proceedings against them. Sarawanan was treated as hostile witness by the prosecution and an attempt to impeach him was unsuccessful.

Strong circumstantial evidence

As a result of the unfortunate event, the prosecution will rely on strong circumstantial evidence, he added.

Ishak said, another major lead which strengthened the prosecution case was when Thilaiyalagan, Khatavarayan and Suresh led the police to several places, resulting in the discovery of several incriminating items such as fragments of human bones, Blackberry phones belonging to Noorhisham and Ahmad Kamil, respectively, wristwatches belonging to Kamaruddin and Ahmad Kamil, respectively, and the ignition key of a BMW X5 car belonging to Sosilawati.

    

“(Of) utmost importance is the discovery of the zinc sheets and this was based on information given by Thilaiyalagan (second accused).

“The zinc sheets were sent for DNA analysis which detected the DNA of Ahmad Kamil and Kamaruddin (on them). Besides that, human tissues were also detected on the burnt zinc sheets.

“Again, looking at the DNA in the cricket bat, DNA on the wall and zinc sheets, the one and most likely inference that could be gathered is that both Ahmad Kamil and Kamaruddin are dead.

“These inferences are not without basis as the statement of facts that has already been tendered, specifically mentions that the deceased were murdered and their bodies placed on a zinc sheet and burnt,” he said.

Ishak also submitted that it was the prosecution’s contention that Pathmanabhan was lying to Sosilawati’s ex-husband, Buhari Mohamed, when he said he did not meet Sosilawati in Banting on Aug 30, 2010.

“This is a deliberate lie on the part of the first accused and on this ground alone, defence should be called,” he said.

Ishak further submitted that the element of common intention among the accused persons was clearer when Sarawanan was not the occupant of the farm and worked as a mechanic elsewhere, but on Aug 29, 2010, he was seen unloading wood and logs on the farm, together with Thilaiyalagan and Matan.

The facts, he said, strongly inferred that they knew they were going to burn something big and the presence of Noorhisham’s DNA on the wall and cricket bat, and also Ahmad Kamil and Kamaruddin’s DNA on three zinc sheets showed that all accused persons knew the victims would be murdered, the following day (Aug 30).

Ignition key found in drain

He said it was even strange that on Sept 14, 2010, Suresh had led the police to discover an ignition key in a drain in Subang Jaya, that was successfully used to start the BMW X5 found at a car park at Flat Angsana, Subang Jaya, not far from the location where the key was found.

“Effectively, this evidence shows Suresh drove the BMW X5 and parked it at Flat Angsana and later, threw the ignition key in the drain. So, how did the BMW X5 end up in Suresh’s hand? Definitely, the car was taken by Suresh from Ladang Gadong.

“This is strengthened by the statements of facts which show that the victims were in the farm at the material date. It could be safely presumed that when Suresh drove the BMW X5 from the farm, it must have been at the direction of the first accused (Pathmanabhan), otherwise Suresh would not have dared to drive the BMW X5 to Flat Sri Angsana,” he said.

The hearing before Judge Akhtar Tahir continues tomorrow.

- Bernama