Sosilawati’s killers lose appeal
THE STAR
PUTRAJAYA: The Court of Appeal has upheld the conviction of four men found guilty in the murders of cosmetics millionaire Datuk Sosilawati Lawiya and her three companions.
In a unanimous decision, Justices Aziah Ali, Tengku Maimun Tuan Mat and Zakaria Sam ruled that the Shah Alam High Court’s findings in the high-profile murder trial were “safe” and affirmed the convictions and sentences.
Former lawyer N. Pathmanabhan and his farm hands – T. Thilaiyalagan, R. Matan and R. Kathavarayan – were convicted and sentenced to death by a Shah Alam High Court on May 25, 2013, for the murders of Sosilawati, her driver Kamaruddin Shamsuddin, bank officer Noorhisham Mohamad and lawyer Ahmad Kamil Abdul Karim.
In the 59-page decision, read out by Justice Tengku Maimun, the Court of Appeal said direct evidence from family members, friends, witnesses and circumstantial evidence in the form of call records, forensic and DNA had established the presence of Sosilawati and her companions at a farm in Banting on Aug 30, 2010.
Sosilawati, Kamaruddin, Noorhisham and Ahmad Kamil were reported missing after going to the farm for a land deal.
Facing the law: Kathavarayan being taken away after the Court of Appeal upheld his murder conviction.
The Court of Appeal said that despite the absence of Sosilawati’s DNA, it was satisfied that the prosecution had proven its case against the appellants beyond reasonable doubt.
“We do not lose sight of the fact that Sosilawati’s DNA was not found on either the cricket bat, the swabs of blood stains on the wall or on the zinc sheets.
“Notwithstanding the above, we are of the view that the inferences to be drawn from the facts and circumstance of this case unerringly lead to the conclusion that within all human probability, Sosilawati is dead and that the appellants were the perpetrators leading to her death as well as the deaths of Kamaruddin, Noorhisham and Ahmad Kamil,” Justice Tengku Maimun said.
The court also dismissed the story about Sosilawati having problems with her driver.
Based on phone calls from Ahmad Kamil and Noorhisham to their wives, they had said they would be going to Genting Highlands for three days to resolve the matter.
“That is a version that is difficult to believe, incredible and improbable. It was the holy month of Ramadan and it was highly unlikely that they would, at the spur of the moment, decide to go to Genting Highlands.
“And why Genting Highlands to sort out the alleged problem that Sosilawati had with Kamaruddin?
“In our view, it is more probable that they were forced to make the calls to deviate attention from first appellant N. Pathmanabhan and from Banting,” she said.
On the evidence of fourth appellant Kathavarayan, who turned hostile during the High Court trial, the Court of Appeal said his evidence had corroborated some material particulars and strengthened the prosecution’s case.
“The defence of Pathmanabhan, Thilaiyalagan and Matan was one of complete denial. The evidence of Kathavarayan, on the other hand, implicated the first three appellants.
“It is apparent there was a ‘dog fight’ between the first three appellants and the fourth appellant,” the judge added.
Lawyer Amer Hamzah Arshad later told reporters that all four appellants would file an appeal against the decision to the Federal Court, which would be their final legal avenue.
