Morais' murder: Court upholds ex-pathologist colonel's death sentence

The Federal Court today upheld the death sentence imposed on a former pathologist colonel for the murder of deputy public prosecutor Anthony Kevin Morais in 2015.

A three-man bench led by Chief Justice Tengku Maimun Tuan Mat affirmed the murder conviction of Dr R Kunaseegaran, 62, S Nimalan, 31 and S Ravi Chandran, 53.

However, both Nimalan and Ravi were spared the gallows after the court commuted the death sentences imposed on them by the High Court to life imprisonment.

Nimalan was sentenced to 35 years in prison with 12 strokes of the cane, while Ravi was sentenced to 40 years in jail. The court did not impose caning on Ravi as he is above 50 years of age.

Tengku Maimun said Kunaseegaran's death sentence remained as he had withdrawn his appeal against the sentence.

The panel, also comprising Court of Appeal president Abang Iskandar Abang Hashim and Federal Court judge Rhodzariah Bujang, discharged and acquitted the other three individuals, namely R Dinishwaran, 32, A K Thinesh Kumar, 31, and M Vishwanath, 34, for the murder.

In delivering the court’s unanimous decision, Abang Iskandar said the court was satisfied that the convictions against Kunaseegaran, Nimalan and Ravi were safe, and that their appeals against the convictions were dismissed.

However, regarding the other three appellants, the judge said there was insufficient evidence to uphold their murder convictions.

“We allow their appeals and hereby set aside their convictions for murder,” he said.

On July 10, 2020, the six men were sentenced to death after they were found guilty of killing Morais, 55, somewhere along Jalan Dutamas Raya Sentul and No. 1, Jalan USJ 1/6D, Subang Jaya, between 7am and 8pm on Sept 4, 2015.

The Court of Appeal dismissed their appeals on March 14 last year.

Brutal crime

Morais, who was reported missing on Sept 4, 2015, was last seen leaving his apartment at Menara Duta, Kuala Lumpur, in a Proton Perdana.

His body was found in a cement-filled oil drum at Persiaran Subang Mewah, Subang Jaya, on Sept 16, the same year.

During today’s proceedings, lawyer N Sivananthan, representing Kunaseegaran, informed the court that his client had instructed him to withdraw his appeal against the death sentence

Nimalan’s counsel Amer Hamzah Arshad, and lawyer Kitson Foong, representing Ravi, urged the court to commute the death sentence to life imprisonment.

Deputy public prosecutor Fairuz Johari pressed for the death sentences to be maintained due to the brutal nature of the crime committed against a civil servant.

Appreciation to judges

After the court delivered the decision, lawyers Sivananthan, Amer Hamzah, Kitson Foong and Afifuddin Ahmad Hafifi, extended their appreciation to Tengku Maimun and Abang Iskandar, both of whom are retiring.

In return, Tengku Maimun also expressed gratitude to the legal fraternity for their support and contribution to the law.

In today’s proceeding, lawyer Jasmine Cheong also represented Kunaseegaran, while the other lawyers were Y Sheelan Shamuagam for Dinishwaran, Burhanudeen Abdul Wahid (Thinesh Kumar), and Afifuddin (Vishwanath).

Deputy public prosecutors Yusaini Abdul Karim and Fuad Abdul Aziz also appeared for the prosecution.

- Bernama

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