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KUALA LUMPUR, July 10 — The High Court has sentenced six men to death over the 2015 murder of deputy public prosecutor (DPP) Datuk Kevin Morais.
High Court Judge Datuk Azman Abdullah ruled that the defence failed to raise reasonable doubt in the prosecution's case and that the prosecution succeeded in proving its case beyond a reasonable doubt.
The six men are R. Dinishwaran, AK Thinesh Kumar, M. Vishwanath, S. Nimalan, Ravi Chandaran and former army doctor Colonel R.Kunaseegaran.
“With this, all six of you, having a common intention, are found guilty and with the punishment under Section 302 of the Penal Code. With this, all six of you are sentenced to hang until death,’’ Azman said in his verdict.
All six were previously charged with killing Kevin on September 4, 2015 when he was on his way to work at No. 1 Jalan USJ 1/6D, Subang Jaya, Selangor from his home on Jalan Dutamas 1, Sentul, Kuala Lumpur.
The murder charge under Section 302 of the Penal Code, read together with Section 34 of the same law, carries the mandatory death sentence upon conviction.
Kunaseegaran was initially charged with abetting the five men in committing the offence at the same place, date and time, but on May 15, 2017, the charge was amended to having a common intention with the five men in the murder of Kevin.
Saiful Edris Zainuddin and Wan Shaharuddin Wan Ladin prosecuted.
Datuk N.Sivananthan represents Kunaseegaran while lawyer Datuk Sheelan Arjunan represents the rest.
Following the verdict, Wan Shahruddin said the decision was justice for Kevin.
“For me, I am grateful by the grace of Allah, the prosecution has won the case. This is the longest case that I have carried, five years. I think from the original [prosecution], I have been with the case from the start till the beginning, even though I am on duty elsewhere I would attend the case for the sake of justice for Kevin, Rest in peace, Kevin,” he told reporters after the verdict.
Also present was incoming senior federal counsel Datuk Abdul Razak Musa who said today’s verdict was a relief for other legal officers.
“Kevin has served for 28 years, most of the legal officers have worked with him and they appreciate the decision. The verdict is also important for our safety in the future,” said Abdul Razak who has been named the incoming Solicitor-General.
A retinue of junior and senior legal officers was also in attendance during today’s verdict along with several Malaysian Anti-Corruption Commission (MACC) officers.
Before his demise, Kevin had been a deputy public prosecutor seconded to the MACC.
Kevin’s brother, Datuk Richard Morais who was present said he was grateful for the court’s decision.
“This will not change the fact that we have lost Kevin, a fantastic and dedicated DPP, a loving and caring brother, a supportive and loyal friend but finally, I hope this court will give us closure knowing these criminals will pay for their crime and will never be allowed to rejoin society again,’’ said Richard, reading from a prepared statement.
In the trial, 70 prosecution witnesses, 14 defence witnesses, and the six accused testified.
Previously, a total of seven people were charged with Kevin’s murder.
The second accused in the case, G. Gunasekaran was acquitted of murder by the High Court on December 20, 2016.
He had pled guilty to another charge in the Sessions Court — causing the disappearance of evidence, under Section 201 of the Penal Code.
The Sessions Court then sentenced Gunasekaran to two years’ in jail effective from the date of his arrest on September 15, 2015 after he pled guilty to concealing Kevin’s body and disposing of the plate number of latter’s car, WA 6264Q.
Gunasekaran had also taken the stand as a prosecution witness.