Datuk Richard Dilaan Morais, Kevin Morais’ brother, was all smiles while family members of the accused wept upon hearing the decision.
The Kuala Lumpur High Court yesterday ordered six men, including a pathologist, charged with the murder of deputy public prosecutor Datuk Anthony Kevin Morais, whose body was found in a cement-filled drum, to enter their defence.
Judge Datuk Azman Abdullah made the order after finding that the prosecution had proven a prima facie against the accused.
The accused are army pathologist Colonel Dr R Kunaseegaran, 54; R Dinishwaran, 25; AK Thinesh Kumar, 24; M Vishwanath, 27; S Nimalan, 24, all unemployed, and money lender S Ravi Chandaran, 46.
“After going through the evidence with maximum evaluation, the court finds that the prosecution had proven prima facie and succeeded in proving common intention under Section 34 of the Penal Code,” the judge said in a packed courtroom.
As Azman ordered the six men to enter their defence, Kevin Morais’ brother, Datuk Richard Dilaan Morais, who was at the public gallery, smiled and clapped his hands.
Richard had arrived as early as 2pm for the decision at the end of the prosecution’s case on Nov 20.
He sat calmly in the public gallery together with the accused’s family members, some of whom could not hold back their tears as the decision was made.
The court fixed six days for trial, beginning Jan 18 next year.
Kunaseegaran, Dinishwaran, Thinesh Kumar, Vishwanath, Nimalan and Ravi Chandaran had pleaded not guilty to a charge of murdering Kevin Morais along the stretch between Jalan Dutamas Raya Sentul and 1 Jalan USJ1/6D, Subang Jaya, between 7am and 8pm on Sept 4, 2015.
They were charged under Section 302 of the Penal Code, read together with Section 34 of the same law. They face the mandatory death sentence if found guilty.
Kunaseegaran, was initially charged with abetting the five men in committing the offence at the same place, date and time, but the charge was amended to that of murder last May 15.
DPP Mohd Saiful Edris Zainuddin led the prosecution, while lawyers Datuk N Sivananthan, represented Kunaseegaran; V Rajehgopal for Vishwanath, Nimalan and Ravi Chandaran and M Manoharan appeared for Dinishwaran and Thinesh Kumar.
Lawyer Datuk Simon Sabapathy held a watching brief for Kevin Morais’ family.
A total of 70 prosecution witnesses testified during the trial, held for 57 days since April 6, 2016.
Kevin Morais was reported missing on Sept 4, 2015.
He was seen leaving his apartment at Menara Duta in Kuala Lumpur driving a Proton Perdana with the registration number WA6264Q.
Related report:
Jul 7, Three Accused in Vicinity of Kevin Morais’ House Before Accident