In a groundbreaking appeal case held in Putrajaya, the Court of Appeal was informed that there is no concrete evidence presented in court that substantiates the claim that S Nimalan, the accused found guilty of murdering Deputy Public Prosecutor Datuk Anthony Kevin Morais, was the cause of the victim's suffocation.
The Argument for Insufficient Evidence
Nimalan's defense attorney, Amer Hamzah Arshad, put forth the argument that the prosecution failed to present any irrefutable evidence pointing towards an act by Nimalan that could have resulted in the victim's deliberate or accidental suffocation. A forensic medical consultant from the Kuala Lumpur Hospital, Dr. Nurliza Abdullah, testified that there were no discernible signs of strangulation on the victim's neck, a fact that could potentially indicate death by choking.
Emphasizing on the lack of evidence, Amer Hamzah brought to attention the absence of tangible proofs like conversations, objects used, or evidence of premeditated plans that could clearly demonstrate an intent to suffocate.
Prosecution Speculation and Defense Counter Arguments
During the rigorous cross-examination, the prosecution speculated that a plastic bag might have been used to cover the victim's face while unconscious, but no supporting evidence was provided for this claim. Counter-arguing this, another attorney, Kitson Foong, who represents co-accused S Ravi Chandaran, stated that there was no concrete evidence linking his client to the murder, and at most, he could be linked to a kidnapping charge.
The Appeal Continues
The appeal is being made on behalf of the accused, who were found guilty and were sentenced to death by the Kuala Lumpur High Court on July 10, 2020. The victim's body was discovered cemented in a drum and dumped in a swamp eight years ago. The appeal is set to resume before a panel of three judges on December 14, thus, continuing the quest for truth and justice.