PUTRAJAYA: The Federal Court heard today that the prosecution has no case against the alleged murderers of cosmetics millionaire Sosilawati Lawiya and three of her aides as it only produced hearsay DNA evidence.
Lawyer Manjeet Singh Dhillon said the prosecution did not call those who conducted the DNA analysis to give evidence and to be cross-examined.
Manjeet, who is appearing for former lawyer N Pathmanabhan, instead said the prosecution called senior chemist Lim Kong Boon who tendered a report.
“It was unchallenged that Lim did not conduct any DNA test himself. He left it to officers in his department and admitted this in cross-examination,” Manjeet said in his submission before a five-man bench chaired by Chief Justice Arifin Zakaria.
He said there was no direct and first hand evidence of what tests were conducted, when and how and what protocol were observed.
“As such, Lim’s evidence is clearly hearsay.To supervise and instruct is not tantamount to stating that his subordinates adhered to strict controls and regimes necessary in DNA testing, more so when life and death hinge on the result,” he said.
Manjeet said in law, Lim’s testimony was not credible as it was not the best evidence and the Court of Appeal misdirected itself on this issue.
He said nowhere in the Cout of Appeal judgment was there a single word of what happened in the farm.
He said the prosecution failed to show credible evidence and satisfy the burden of proof required by law.
“Mere conjecture is misplaced in a murder trial, suspicion even less,” he added.
He said courts were no arbiters of moral conviction and no person should be sent to the gallows on an inference.
The Federal Court has fixed six days from today to hear the appeal by Pathmanabhan, 46, and farmhands R Matan, 25, T Thilaiyalagan, 24, and R Kathavarayan, 36.
They were sentenced to death by the Shah Alam High Court on May 25, 2013, for the murder of Sosilawati, 47, bank officer Noorhisham Mohamad, 38, lawyer Ahmad Kamil Abdul Karim, 32, and Sosilawati’s driver Kamaruddin Shamsuddin, 44.
The Court of Appeal on Dec 4 last year upheld the conviction.
They were found guilty of committing the offence at Lot 2001, Jalan Tanjong Layang, Tanjung Sepat, in Banting on Aug 30, 2010.
Sosilawati and the three aides were reported missing after they allegedly went to Banting over a land deal.
Court of Appeal judge Tengku Maimun Tuan Mat, who delivered the judgment said that there was direct evidence to show that Sosilawati and her aides were present in the farm that belonged to Pathmanabhan where they met their deaths.