Federal Court Upholds Ex-Pathologist Colonel’s Death Sentence For Kevin Morais’s Murder

PUTRAJAYA, July 1 (Bernama) -- The Federal Court today upheld the death sentence imposed on a former pathologist colonel for the murder of Deputy Public Prosecutor Datuk Anthony Kevin Morais in 2015.

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

However, both Nimalan and Ravi Chandran 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 Chandran was sentenced to 40 years in jail. The court did not impose whipping on Ravi Chandran as he is above 50 years of age.

Justice Tengku Maimun said Kunaseegaran's death sentence remained as he had withdrawn his appeal against the sentence.

Meanwhile, the panel, also comprising Court of Appeal President Tan Sri Abang Iskandar Abang Hashim and Federal Court judge Datuk 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, Justice 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 7 am and 8 pm on Sept 4, 2015.

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

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 Datuk N.Sivananthan, representing Kunaseegaran, informed the court that his client had instructed him to withdraw his appeal against the death sentence, while Nimalan’s counsel Datuk Amer Hamzah Arshad, and lawyer Kitson Foong, representing Ravi Chandran, urged the court to commute the death sentence to life imprisonment.

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

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

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

Justice Tengku Maimun is set to retire tomorrow, while Abang Iskandar will retire on Wednesday.

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), Afifuddin (Vishwanath), Amer Hamzah (Nimalan) and Kitson Foong (Ravi Chandran).

Deputy Public Prosecutors Datuk Yusaini Abdul Karim, Mohd Fairuz Johari and Mohd Fuad Abdul Aziz appeared for the prosecution.

-- BERNAMA