Federal court upholds death sentence on duo for lorry driver’s murder

Federal Court rules the High Court judge was right in determining there was common intention by the trio to commit the murder.

PUTRAJAYA: The Federal Court today upheld the death sentence imposed on a storekeeper and a housewife for the murder of the woman’s husband who was stabbed while asleep in a bedroom eight years ago.

A three-member bench led by Federal Court judge Nallini Pathmanathan also affirmed the decision of the High Court for the third appellant, a student aged 18 at the time the offence was committed, to be detained at the pleasure of the Selangor Sultan.

The court dismissed the appeals by the three appellants – storekeeper G Puganeswaran, housewife K Annamah and the then student S N Harichandran.

Federal Court judge Abdul Rahman Sebli, in delivering the court’s decision, said the High Court judge was right in determining there was common intention by the trio to commit the murder.

“We are satisfied that the Court of Appeal was right in affirming the decision of the High Court,” he said, adding there was sufficient judicial appreciation of evidence by the High Court judge.

The third judge was Vernon Ong Lam Kiat.

The Shah Alam High Court found Puganeswaran, 30, Annamah, 43, and Harichandran, now 25, guilty in 2017 of killing lorry driver M Ganesan, 31, at a flat in Petaling Jaya, Selangor, at 2.47am on Feb 16, 2012. In 2018, the Court of Appeal upheld the decision of the High Court.

According to the facts of the case produced by the prosecution, Annamah related to her neighbour Puganeswaran her marital problems, saying she was often beaten by her husband who came home in a state of intoxication.

After Ganesan went to bed, Puganeswaran gave orders to Harichandran and three accomplices to enter the flat and kill him. Annamah opened the door of her flat to let them in. A pillow was placed over Ganesan and his legs were held by one of the assailants before he was stabbed with a knife.

All the three appellants, in their evidence, denied they had killed Ganesan.

Lawyers A Saha Deva represented Puganeswaran, Surjan Singh Sidhu represented Annamah, while K Viknesvaran represented Harichandran. Deputy public prosecutor Nahra Dollah appeared for the prosecution.