Sosilawati murder case: No credible DNA evidence, counsel tells federal court

PUTRAJAYA: The prosecution has no case against four men accused of murdering cosmetics millionaire Datuk Sosilawati Lawiya and three of her aides (bank officer, lawyer and Sosilawati's driver) as it only presented hearsay DNA evidence, the Federal Court heard today.

Lawyer Manjeet Singh Dhillon said the evidence given by chemist Lim Kong Boon on DNA was not credible because he did not conduct the DNA analysis by himself but left it to at least four officers in his department to carry out the tests.

Instead, he said the chemist testified in court based on his report which he had incorporated the results of the DNA analysis that were given to him.

"None of these officers testified. There was, as such, no direct, first-hand evidence of what tests were conducted by these staff, when and how and what protocols were observed," said Manjeet Singh who is representing N. Pathmanabhan, one of the four men accused of the murder.

He said there was no credible DNA evidence of any finding from the farm or any other exhibit.

It was in the evidence at the High Court that there was presence of blood found on a wall in the farm belonging to Pathmanabhan, and on zinc sheets found in a Sungai Arak oil palm plantation in Banting.

Evidence disclosed there was presence of 38-year-old bank officer Noorhisham Mohamad's DNA found on the wall and on a cricket bat; and the DNA profiles of Sosilawati's driver Kamaruddin Shamsuddin, 44, and lawyer Ahmad Kamil Abdul Karim, 32, were found on blood stains on the zinc sheets.

Manjeet argued the appellate court was unable to say with any degree of certainty as to what happened to the four missing persons.

"Nowhere in the entire judgement of the Court of Appeal is there a single word of what happened at the farm, of who did what and when and to whom, or how, if at all, were any homicidal injuries inflicted. Was there death by beatings, death by burning, by whom," he said.

A Federal Court five-man bench led by Chief Justice Tun Arifin Zakaria heard the appeals brought by Pathmanabhan, 46, a former lawyer, and farmhands T. Thilaiyalagan, 24, Matan, 25, 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, Noorhisham, Ahmad Kamil, and Kamaruddin at Lot 2001, Jalan Tanjong Layang, Tanjung Sepat, in Banting on Aug 30, 2010.

The Court of Appeal on Dec 4 last year upheld their conviction and death sentences.

Meanwhile, Thilaiyalagan's lawyer, Hisyam Teh Poh Teik submitted the appellate court ought to have ruled that prosecution witness Chief Inspector N. Govindan was not credible. Govindan had testified three persons, including Thilaiyalagan had led the police to several places where incriminating items were found.

"The Court of Appeal erred when it failed to rule on Govindan's credibility and it also failed to rule whether Thilaiyalagan suffered any prejudice when the trial judge dismissed the applications by Pathmanabhan and Thilaiyalagan's counsels to impeach and contradict Govindan with his own police reports," he said.

Hearing continues tomorrow. — Bernama