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Evidence by witness in Morais trial inadmissable, court rules

The High Court in Kuala Lumpur today ruled that the testimony of the 37th witness in the murder trial of deputy public prosecutor Anthony Kevin Morais was inadmissible.

Judge Azman Abdullah made the decision after allowing an application by the prosecution to challenge the testimony by the witness, S Yogeswari, 37, a seamstress, who testified on the 25th day hearing of the murder case.

"I allow the prosecution to challenge the witness' testimony. As such, the testimony by the witness will not be taken into account in this hearing," he said at the start of the trial proceeding which entered its 28th day today.

On Sept 28, the court ruled that the testimony by Yogeswari, the owner of a four-wheel-drive-vehicle which was used to ram into Kevin Morais' car, contradicted with the police report made by Operations Officer at the Criminal Investigation Department of the Kulim District police headquarters, Inspector M Vasu, on Sept 27, 2015.

Following which, Azman asked Yogeswari to explain the matter in an impeachment proceeding to challenge her testimony and ordered Vasu, who is the 36th prosecution witness, to be called back to testify.

On Sept 30, Yogeswari was charged in a Magistrate's Court with giving false evidence in Kevin Morais' murder trial.

She was charged with giving false evidence, which she knew was false, (as in Appendix B) when testifying as a witness during the trial of the case before judge Azman Abdullah at High Court 1, Jalan Duta Court Complex in Kuala Lumpur at 11am last Sept 27.

(Appendix B refers to Yogeswari's testimony on her Mitsubishi Triton four-wheel-drive-vehicle, with registration number PEP 1135, that was alleged to be used to ram Kevin Morais' car).

In her testimony, Yogeswari told the court that the vehicle was always with her every night during the period from Aug 2 to Sept 11, 2015.

Her testimony contradicted with the evidence provided by Vasu which found that the vehicle was not with her, but with a man by the name of Selvam during the period.

Yogeswari was charged under Section 193 of the Penal Code and she faced an imprisonment for up to seven years, and is liable to fine, if found guilty.

Meanwhile, Dr Ahmad Zulkefli, 29, who testified as the 42nd prosecution witness today, told the court that an officer from the Sentul police headquarters came to the hospital on Sept 27, 2015 at about 2pm with 11 suspects, who included the seven accused in the case.

He said the officer, Inspector Muhamad Asyraf Hashim, requested him to take blood samples of all the 11 suspects for DNA testing.

"He came with the application form from the police and written approval from the suspects (to have their blood samples taken for the DNA test)," said Dr Ahmad, who is from the Forensic Department of the Kuala Lumpur Hospital.

Six men - G Gunasekaran, 48, R Dinishwaran, 24, AK Thinesh Kumar, 23, M Vishwanath, 26, Nimalan, 23, and Ravi Chandaran, 45, pleaded not guilty to a charge of murdering Kevin Morais between 7 am and 8 pm between Jalan Dutamas Raya Sentul and No.1 Jalan USJ1/6D, Subang Jaya, on Sept 4, 2015.

Col Dr R Kunaseegaran, 53, the first accused, had pleaded not guilty to a charge of abetting the six men in the murder of Kevin Morais on the same day and at the same time and place.

The hearing continues tomorrow.

- Bernama

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