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Brother to be recalled to testify
Published on: Thursday, May 05, 2016
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Kuala Lumpur: The brother of murdered Deputy Public Prosecutor Datuk Anthony Kevin Morais whose body was found in an oil drum will be recalled to testify in the trial, the High Court here was told Wednesday.Lawyer Datuk N. Sivananthan said the purpose of recalling Datuk Richard Dillan Morais was to confirm receipt of Kevin's death registration form (JPN.LM02) and burial permit from the Kuala Lumpur Hospital's (HKL) Forensic Department, signed by Dr Ahmad Hafizam Hasmi on Oct 22, last year.

"We would like the prosecution to call back (to the court) Richard Morais under Section 51A (5) of the Criminal Procedure Code. During this trial, Richard Morais did not tell the court about him receiving this form and we (defence) were not aware about this form until this morning.

"So, we want to request for Richard Morais to be brought back for re-examination," he said on the ninth day of Kevin's murder trial before Judge Datuk Azman Abdullah.

Deputy Public Prosecutor Wan Shaharuddin Wan Ladin did not object to the request.

Earlier, when answering a question from Wan Shaharuddin about the form, Dr Ahmad Hafizam, a foresics medical expert from the HKL Forensics Department said it was indeed, issued by the department to Kevin's brother, Richard.

"The JPN.LM02 form is required by the next-of-kin to register the death of a person at the National Registration Department, and the NRD will then issue a death certificate," he said.

Meanwhile, during Sivananthan's cross-examination over Kevin' death certificate, Dr Ahmad Hafizam, 37, said it had not been shown to him.

Sivananthan also informed the court that the prosecution did not present the death certificate to the defence.

To a question by counsel M. Manoharan on whether details on the JPN.LM02 form were true and correct, Dr Ahmad Hafizam answered: "True and correct".

Referring to the form, Manoharan asked if the date and time of Kevin's death on 'Sept 16, 2015' and '1pm' were true and correct, the witness replied: "Not true".

When asked by Wan Shaharuddin during re-examination as to why he did not agree with the date and time of death recorded, Dr Ahmad Hafizam explained that Sept 16, 2015 and 1pm were the date and time the remains were registered at the Forensics Department.

The witness also concurred with a previous statement by HKL forensics medical expert Dr Nurliza Abdullah that Kevin's cause of death was "probable asphyxiation (suffocation).

Six men - G. Gunasekaran, 48; R. Dinishwaran, 24; A. K. Thinesh Kumar, 23; M. Vishwanath, 26; S. Nimalan, 23; and S. Ravi Chandaran, 45, pleaded not guilty to murdering Kevin Morais between 7am and 8pm on Sept 4, 2015, between Jalan Dutamas Raya Sentul and No: 1, Jalan USJ1/ 6D, Subang Jaya.

Col Dr R. Kunaseegaran, 53, who is the first accused, pleaded not guilty to to abbetting the six men in the murder.

The trial continues Thursday.





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