KUALA LUMPUR: After nearly five years since the tragic death of deputy public prosecutor (DPP) Datuk Anthony Kevin Morais, whose body was found in a barrel filled with concrete, six men were sentenced to death by the High Court here today for the murder.
Judge Datuk Azman Abdullah ordered pathologist Colonel Dr R. Kunaseegaran, 57; money lender S. Ravi Chandaran, 49 and four others who are unemployed -- R. Dinishwaran, 28; A.K. Thinesh Kumar, 27; M. Vishwanath, 30 and S. Nimalan, 27, sent to the gallows after finding them guilty of murdering the DPP.
They were charged with murdering Morais, 55, somewhere along Jalan Dutamas Raya Sentul and No. 1, Jalan USJ 1/6D, Subang Jaya, at between 7am and 8pm on Sept 4, 2015.
The charge, under Section 302 of the Penal Code, read together with Section 34 of the same law, provides the mandatory death sentence upon conviction.
In the judgment, Justice Azman said he found all the six accused had common intention to kill Anthony Kevin.
He said the court ruled that the prosecution had succeeded in establishing the case without any reasonable doubt on the murder charge under Section 300 of the Penal Code, read together with Section 34 of the same law, on the joint intention of the first accused (Kunaseegaran) and the other five accused of causing death.
“The defence by the accused also failed to raise any reasonable case against the prosecution case.
“Thereby, the six accused had joint intention, and found guilty under Section 302 of the Penal Code. All six accused are sentenced to be hanged to death," he said.
Anthony Kevin’s youngest brother Datuk Richard Morais, who was present at the public gallery, appeared relieved after the judge delivered the judgment.
"I have waited a long time to seek justice for my brother," he told reporters, adding that the prosecution team had done a good job.
“I have waited for a very long time to seek justice for my brother… It was crazy. Now I am very relief that all the accused will face the gallows,” he added.
Meanwhile, Judge Azman, when reading out his judgment, said the court came to the decision after hearing the testimony of the prosecution and defence witnesses, as well as visits to the site of the scene.
He said the DNA of the deceased was found in the gloves found in a Mitsubishi Triton vehicle driven by Nimalan (the sixth accused).
“The DNA of the deceased can also be transferred through touch, (whereby) the DNA of the sixth accused was found on a black t-shirt worn by accused Ravi Chandaran,” he added.
He said there was a footage of a closed-circuit television camera showing a group of men in a Triton four-wheel-drive vehicle stopping at a Syed Bistro restaurant in Petaling Jaya at 5.30 am on Sept 3, 2015.
“The 54th prosecution witness (G. Gunasekaran, who was the second accused before becoming a prosecution witness) in his testimony stated that he had joined the group and after having breakfast at the restaurant they moved to the deceased’s condominium,” he added.
He said the testimony by the Gunasekaran that he and Ravi Chandaran had splashed petrol on the deceased’s car and then burned the vehicle was also not challenged by the defence.
Judge Azman said Ravi Chandaran's testimony that he drove the deceased’s official car, a Proton Perdana, to send it for repair was a mere fabrication.
He also said that Kunaseegaran, in his defence, did not deny a testimony by a witness on a fight between him (Kunaseegaran) and Ravi Chandaran, which among others indicated that the pathologist was not happy with Anthony Kevin, who was the DPP in a corruption case involving Kunaseegaran at the Shah Alam Court.
The judge also said that the defence by Kunaseegaran and Ravi Chandaran exposed the truth about their involvement in the case.
Azman handed down the decision at the end of the defence hearing which began on April 6, 2016, during which 70 prosecution witnesses and 14 defence witnesses testified.
Anthony Kevin’s body was found in the concrete-filled drum at Persiaran Subang Mewah, Subang Jaya, near here on Sept 16, 2015.
He was reported missing on Sept 4, 2015 and was last seen leaving his condominium at Menara Duta here in his Proton Perdana, with registration number WA6264Q to Putrajaya.
The prosecution was conducted by deputy public prosecutors Saiful Edris Zainuddin and Wan Shaharuddin Wan Ladin, while lawyers Datuk N. Sivananthan represented Kunaseegaran and Datuk Sheelan Arjunan represented Dinishwaran, Thinesh Kumar, Vishwanath, Nimalan and Ravi Chandaran.