PUTRAJAYA, Nov 20 (Bernama) -- Former military pathologist, Colonel Dr R. Kunaseegaran, convicted and sentenced to death for the murder of Deputy Public Prosecutor Datuk Kevin Anthony Morais in 2015, has filed a review application in an attempt to overturn his conviction.
His lawyers, Datuk N.Sivananthan and Jasmine Cheong, when contacted, confirmed filing the application under Rule 137 of the Federal Court Rules 1995 last week (Nov 14).
In the notice of motion sighted by Bernama, Kunaseegaran, 62, is seeking his appeal to be re-heard by the Federal Court or any other relief the court deems appropriate.
In the affidavit supporting his review application, Kunaseegaran claimed that he suffered grave injustice and that he deserved a proper and fair trial.
On July 1 this year, the Federal Court upheld Kunaseegaran's conviction, as well as that of two other persons -- S. Nimalan, 31 and S. Ravi Chandran, 53 -- for the murder of Morais, whose body was found in a cement-filled oil drum at Persiaran Subang Mewah, Subang Jaya, on Sept 16, 2015.
However, Nimalan and Ravi Chandran were spared the gallows after the court commuted the death sentences imposed on them by the High Court to life imprisonment.
Nimalan was sentenced to 35 years in prison with 12 strokes of the cane, while Ravi Chandran was sentenced to 40 years in jail. The court did not impose whipping on Ravi Chandran as he is above 50 years of age.
The Federal Court bench, led by the then Chief Justice Tun Tengku Maimun Tuan Mat (now retired), held that Kunaseegaran's death sentence remained as he had withdrawn his appeal against the sentence.
The bench, also comprising the then Court of Appeal President Tan Sri Abang Iskandar Abang Hashim (now retired) and Federal Court judge Datuk Rhodzariah Bujang, had discharged and acquitted the other three individuals, namely R. Dinishwaran, 32, A.K. Thinesh Kumar, 31, and M. Vishwanath, 34, for the murder.
On July 10, 2020, the six men were sentenced to death after they were found guilty by the High Court of killing Morais, 55, somewhere along Jalan Dutamas Raya Sentul and No. 1, Jalan USJ 1/6D, Subang Jaya, between 7 am and 8 pm on Sept 4, 2015.
The Court of Appeal dismissed their appeals on March 14 last year.
In the affidavit supporting his review application, Kunaseegaran claimed that he suffered grave injustice and that he deserved a proper and fair trial.
— BERNAMA
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