April 5
MALAYSIA:
Kevin Morais murder trial to commence tomorrow
The trial of 7 men, including a doctor, charged with murdering and abetting in
the murder of deputy public prosecutor Anthony Kevin Morais will begin
tomorrow.
Deputy public prosecutor Abdul Razak Musa when contacted said the High Court
had fixed 16 days for hearing, before justice Azman Abdullah.
The trial dates are as follows: April 6 until April 15; May 3 until May 6; June
6 until June 8; and June 27 until June 28. The prosecution would be calling 60
witnesses.
Counsel N Sivananthan who is representing the doctor and army pathologist,
Colonel Dr K Kunaseegaran said he was ready for the trial.
"As far as I am concerned my client has absolutely nothing to do with the death
of Kevin and he did not aid or abet it in any manner whatsoever," he said when
asked on his client's case.
Last Jan 27, the 6 men - G Gunasekaran, 43; R Dinishwaran, 23; A Thinesh Kumar,
22; M Vishwanath, 25; S Nimalan, 22; and S Ravichandaran, 34, had pleaded not
guilty when charged.
They allegedly committed the offence between 7am and 8pm on Sept 4, 2015,
between Jalan Dutamas Raya Sentul and No. 1 Jalan USJ1/6D, Subang Jaya.
They face the mandatory death penalty if convicted under Section 302 of the
Penal Code, while Kunaseegaran, 52, had pleaded not guilty to abetting the 6
men in Kevin's murder at the same place, date and time.
He is charged under Section 109 of the Penal Code, read together with Section
302 of the same act.
Pleaded not guilty to alternative charges
On March 28, Nimalan and Thinesh Kumar pleaded not guilty to alternative
charges of helping to hide the body and causing Kevin Morais??? death.
Nimalan, a college student, allegedly helped in hiding the body and destroying
a vehicle with the intention of preventing six others from facing legal action.
The charge under Section 201 of the Penal Code provides for a maximum jail term
of 7 years and fine upon conviction.
Thinesh Kumar, an unemployed, allegedly with six other individuals caused
Kevin's death on the way between Jalan Dutamas 1 in Kuala Lumpur and No 20,
Desa Mentari, Petaling Jaya on Sept 4, 2015, between 7am and 11.30am.
He allegedly committed culpable homicide not amounting to murder, under Section
304(a) of the Penal Code, which carries a maximum imprisonment of 30 years and
a fine upon conviction.
By rejecting the alternative charges offered, both Nimalan and Thinesh Kumar
are still jointly charged under Section 302 of Penal Code.
Kevin Morais was reported missing on Sept 4 last year.
He was last seen leaving his apartment at Menara Duta in Kuala Lumpur in a
Proton Perdana car bearing registration number WA6264Q.
His remains were found in a cemented drum at Persiaran Subang Mewah, Subang
Jaya, near Kuala Lumpur on Sept 16 last year.
Gunasekaran, Vishwanath, Nimalan and Ravichandaran will be defended by counsel
V Rajehgopal while Dinishwaran and Thinesh Kumar, by M Manoharan.
(source: malaysiakini.com)
INDONESIA:
Death row Sarawakian to know fate today
A Sarawakian in death row will know his fate today when the Singapore Court of
Appeal decides on whether he will be executed or have his sentence reduced.
Kho Jabing, 31, from Ulu Baram was granted a stay of execution in November last
year after his lawyer filed a motion, raising doubts over the handling of the
case.
He was sentenced to death in 2010 for the murder of a Chinese construction
worker with a piece of wood in 2008 during a robbery attempt in Singapore.
However following revisions to Singapore's mandatory death penalty laws in
August 2013, a Singapore High Court sentenced him to life imprisonment and to
be given 24 strokes of the cane instead.
The prosecution subsequently appealed against the decision before the Court of
Appeal which reinstated Jabing's death sentence.
In October last year, Singapore president Tony Tan rejected a clemency petition
before a stay of execution by the Court of Appeal.
(source: theborneopost.com)
SINGAPORE:
Convicted murderer Jabing Kho to hang after failing in bid to commute death
sentence
Convicted murderer Jabing Kho's 11th-hour bid to quash his death sentence,
which he made last year less than 24 hours before he was due to be hanged, has
failed.
A 5-judge Court of Appeal - the same panel that gave a 3-2 split decision in
favour of sending him to the gallows last year - on Tuesday (April 5)
unanimously threw out the Malaysian's bid to escape the hangman's noose.
Kho's mother and sister, who were present in court, sobbed loudly upon hearing
the verdict.
In 2008, Kho, 31, who is from Sarawak, bludgeoned Chinese national Cao Ruyin,
40, with a tree branch while robbing him, together with an accomplice. Mr Cao
died of head injuries 6 days later.
Kho has gone through many twists and turns since he and his accomplice were
given the death penalty - then mandatory for murder - in 2010.
The accomplice, who used his belt buckle as a weapon, escaped the gallows after
successfully appealing for his charge to be reduced to robbery with hurt.
Kho's appeal failed. But he was re-sentenced to life imprisonment by the High
Court in 2013, after the law was changed to give judges the discretion to opt
for a life term for murder with no intention to cause death.
Convicted murderer Jabing Kho was granted a temporary stay of execution less
than 24 hours before he was set to be hanged.
But the prosecution appealed, arguing that Kho's vicious crime warranted the
death penalty.
In January last year, the 5-judge appeal court gave a 3-2 decision to send Kho
to the gallows. The case was landmark as it laid down the legal principle for
judges to apply when deciding when the death penalty was warranted in murder
cases where it is discretionary.
Kho's case attracted the attention of human rights groups, including local
outfit Second Chances.
He was due to go to the gallows on Nov 6 last year, after his appeal for
clemency was rejected by the President the month before.
Less than 24 hours before he was to be hanged, lawyer Chandra Mohan K. Nair got
a temporary stay of execution to prepare his case.
2 weeks later, Mr Mohan argued for the appeal court to set aside its own
decision. He said the court should reopen its decision as it had applied the
wrong sentencing principles. He also argued that in the re-sentencing stage,
Kho was denied the chance to testify as to the number of blows and the force
used when he attacked Mr Cao.
The prosecution argued that this was simply a disappointed litigant's attempt
to convince the court to revisit a point that had been thoroughly considered.
DPP Francis Ng said Kho had already testified during his original trial that he
hit the victim twice and did not know the force he used.
(source: Straits Times)
INDIA:
Nirbhaya hearing: 1 court, 2 Benches, 2 views
Various anti-death penalty movements across the country seem to be having its
effect on the Supreme Court.
In sharp contrast from the stance of the earlier Bench hearing the matter, a
3-judge Bench presided by Justice Dipak Misra yesterday said that it will
afford full opportunity to the convicts in the December 2012 Delhi gang rape to
present their case and would hear the matter "like a trial judge".
When the matter had come up before a Bench of Justices BS Chauhan and Jasti
Chelameswar in April 2014, Justice Chelameswar had remarked that the court
would not interfere with the judgment of the High court if the dying
declaration of the victim is found to be satisfactory.
"We won't re-conduct the trial", he had remarked.
Chelameswar on Delhi gang rape
The matter had subsequently been placed before a 3-judge Bench since, after
amendment to the Supreme Court rules mandate that "every case, appeal or other
proceedings arising out of a case in which death sentence has been confirmed or
awarded by the High Court shall be heard by a Bench consisting of not less than
3 Judges" (Rule 3 of Order VI).
After the order placing the matter before 3-judge Bench was passed on August
25, 2014, the case remained in cold storage for around 19 months before it was
finally listed yesterday.
When the hearing commenced at 2 pm, Justice Dipak Misra told advocate Manohar
Lal Sharma appearing for 2 of the accused that he can proceed "in his own way"
and that the court does not mind even if "some time is consumed" in hearing the
case.
"How a trial judge would appreciate the case, we would do so, so that there is
no grievance", said Justice Misra.
ML Sharma is now making his submissions and is arguing on various scientific
premises pertaining to autopsy and medical reports. The hearing will resume on
Friday this week.
The anti-death penalty jurisprudence is gaining ground amongst the legal
fraternity in India.
In January 2014, the Supreme Court had held that unexplained and inordinate
delay in deciding mercy plea of death row convicts will be a valid ground for
commutation of their death penalty to life imprisonment.
On September 2, 2014 the Supreme Court had ruled that review petitions relating
to death penalty should be heard in open court by a 3 judge Bench. Till then,
all review petitions including those relating to death penalty were disposed of
by circulation without any oral arguments. Interestingly, Justice Chelameswar
who was part of that Constitution Bench which gave that judgment had written
the sole dissenting verdict.
Later in August 2015, weeks after Yakub Memon's hanging, the Law Commission of
India had recommended the abolition of the death penalty for all crimes other
than terror offences and waging war. Yakub Memon's hanging had created big news
as the Supreme Court had opened its doors at 2.30 am to hear Memon's plea
before confirming his death sentence.
The Centre for Death Penalty, established at National Law University, Delhi in
August 2014, provides death row prisoners with effective legal representation.
The Centre too has been at the forefront in the fight for abolition of death
penalty in India.
(source: barandbench.com)
**********************
Mumbai triple blasts: Death sought for 1, lifers for 9 convicts
The prosecution on Tuesday sought death penalty for Muzammil Ansari, and lifers
for 9 others who were found guilty in the triple bomb blasts between December
2002-March 2003 by a Special POTA Court here.
Pronouncing the guilty verdict on the 10 prime accused, Special POTA Judge P.R.
Deshmukh on March 29 acquitted three others for lack of sufficient evidence.
Forcefully arguing on the quantum of sentencing for the 10 guilty, Special
Public Prosecutor Rohini Salian said: "Considering the role of the convict
Muzammil Ansari, he deserves nothing less than the death penalty... The other
convicts should also be given life."
The defence lawyers closed their arguments on the quantum of sentence on
Monday.
The prosecution said the accused, mostly members of the outlawed SIMI (Students
Islamic Movement of India), wanted to avenge the razing of the Babri mosque in
Ayodhya in 1992 and the communal riots in Gujarat in 2002.
The court convicted Saquib Nachan, a former general secretary of the outfit,
who was described by police as the "mastermind" of the triple blasts.
Besides Nachan, the 9 others found guilty are: Muzammil Ansari, Ateef Nasir
Mulla, Hasib Zubeir Mulla, Gulam Khotal, Mohammed Kamil, Farhan Khot, Noor M.
Malik, Dr. Wahid Ansari and Anwar Ali Khan.
Haroon Lohar, Nadeem Paloba and Adnan Mulla were acquitted by the court for
lack of sufficient evidence against them.
The blasts occurred near McDonald's eatery in Mumbai Central Terminus on
December 6, 2002, another in a Vile Parle market on January 27, 2003, and the
3rd in a crowded ladies 1st class compartment of a suburban train near Mulund
on March 13, 2003, killing 12 and injuring over 139 others.
The 3 cases -- though far between and in different parts of Mumbai -- were
clubbed together by the court as a common conspiracy linked them.
All the accused were charged with murder, attempt to murder, causing grievous
hurt, waging war against the nation, criminal conspiracy besides several
charges under the Indian Penal Code, Railways Act, Arms Act, Explosive
Substances Act and POTA -- some of which attract the maximum death penalty.
(source: Business Standard)
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