15-3-2024 (KUALA LUMPUR) The Malaysian Court of Appeal delivered a ruling on Thursday (Mar 14), maintaining the death penalty for six individuals found guilty of the murder of Deputy Public Prosecutor Anthony Kevin Morais nine years ago.
Among those convicted are former pathologist Colonel Dr R Kunaseegaran, 61; money lender S Ravi Chandran, 53; and four unemployed men, R Dinishwaran, 32; A K Thinesh Kumar, 31; M Vishwanath, 34; and S Nimalan, 31. A three-judge panel, comprising Judge Hadhariah Syed Ismail, Judge Ahmad Zaidi Ibrahim, and Judge Azmi Ariffin, unanimously rejected the appeal filed by the six men to overturn the High Court’s decision on July 10, 2020, which found them guilty and sentenced them to death for the murder.
In the court’s verdict, Judge Hadhariah stated that after thoroughly reviewing the High Court judge’s decision and the evidence presented during the trial, the Court of Appeal concluded that there were no errors in law or facts by the High Court judge.
“The convictions against the six men by the High Court were sound,” she affirmed.
Judge Hadhariah emphasized that Morais’ murder was premeditated, highlighting the brutality of all the accused based on the condition in which the body was discovered.
“In addition to killing the victim, the deceased’s car was set ablaze, and his personal belongings were disposed of. This murder stands out as exceptionally heinous. Therefore, in our view, the appropriate punishment for the crime committed is the death penalty,” Judge Hadhariah remarked.
She further detailed the circumstances of Morais’ death, noting that his body was found fully clothed, sans shoes, with hands tied behind his back. Multiple compression marks were found on his chest, shoulders, and back, indicating a deliberate act of violence. Forensic experts confirmed that Morais died from suffocation.
Judge Hadhariah underscored the collective intent among all the accused to kill Morais, highlighting their collaboration during the deliberate collision between their Triton car and the victim’s vehicle.
Regarding Kunaseegaran’s involvement, the judge pointed out his complicity, citing his actions and statements after being informed about the bloodied drum. She highlighted Kunaseegaran’s motive and his role in orchestrating the crime, suggesting the other accused were acting under his direction.
Gunasekaran, initially charged with Morais’ murder, had his charges withdrawn after pleading guilty to disposing of Morais’ body. He was sentenced to two years in prison. Subsequently, he testified as a prosecution witness in the trial against the six accused.
The six men were convicted of killing Morais, 55, at locations along Jalan Dutamas Raya Sentul and Jalan USJ 1/6D, Subang Jaya, between 7 am and 8 pm on Sep 4, 2015. Morais was reported missing on that date and was last seen leaving his condominium in a Proton Perdana car from Menara Duta, Kuala Lumpur, heading to his office at the Attorney General’s Chambers in Putrajaya. His body was discovered in a concrete-filled drum at Persiaran Subang Mewah, Subang Jaya, on Sep 16 of the same year.
