PUTRAJAYA: The Appeals Court here yesterday threw out the appeal brought by four men charged with the murder of cosmetics millionairess Datuk Sosilawati Lawiya and three other individuals, against a High Court decision to set aside their subpoenas on three deputy public prosecutors (DPPs) to become witnesses in their ongoing trial.
Justice Datuk Seri Abu Samah Nordin, chairing a three-member panel, struck out their appeal after ruling that the High Court ruling was not appealable to the Court of Appeal by virtue of Section 3 of the Courts of Judicature Act 1964 (CJA).
The panel, also comprising Justices Datuk Balia Yusof Wahi and Datuk Aziah Ali, had allowed the prosecution’s preliminary objection that the decision of the High Court was not appealable as it was a decision made in the midst of the trial which did not finally dispose of the rights of the accused.
Justice Abu Samah also rejected the four accused’s application to stay their ongoing trial pending their appeal of today’s decision to the Federal Court.
“We’ve deliberated and considered the application for stay. We’re of the view there are no special circumstances for us to grant a stay,” said Justice Abu Samah.
Lawyer Manjeet Singh, representing the first accused, N Pathmanabhan, told the court that his client would appeal the decision to the Federal Court.
On July 23 this year, the High Court rejected the application of the four accused former lawyer N.Pathmanabhan, and three farm workers T Thilaiyalagan, R Matan, and R Kathavarayan – to subpoena DPPs Ishak Mohd Yusoff, Saiful Edris Zainuddin and Idham Abd Ghani, to appear as witnesses.
The move to call them as witnesses was made by the defence in the trial in seeking to expunge two exhibits presented by the three DPPs at the end of the prosecution’s case in an attempt to discredit two farm workers, U.Suresh and K.
Sarawanan, who were called as prosecution witnesses in the trial but had allegedly turned hostile.
The two exhibits were notes of proceedings at the Telok Datok magistrate’s court where Suresh and Sarawanan pleaded guilty to a charge of disposing of evidence related to the murder and were sentenced to seven years’ jail each.
The three DPPs were also involved in the proceedings at the Telok Datok magistrate’s court.
Suresh, 28, and Sarawanan, 21, are now serving 20 years’ imprisonment in Sungai Udang Prison, Melaka, after the Appeals Court on Aug 24 last year refused to grant them leave to appeal to the Appeals Court against a High Court decision in enhancing their jail term.
Pathmanabhan, Thilaiyalagan, Matan, and Kathavarayan, have been ordered to enter their defence on a charge of murdering Sosilawati, 47, bank officer Noorhisham Mohamad, 38, lawyer Ahmad Kamil Abdul Karim, 32, and Sosilawati’s driver, Kamaruddin Shamsuddin, 44.
Outside the court, lawyer Amer Hamzah Arshad, representing Matan, said the defence would file the appeal to the Federal Court as well as an application for a stay of the trial. — Bernama