Banting murders: Teenager files appeal against conviction, sentence

SHAH ALAM: One of two youths sentenced to seven years' jail after pleading guilty to disposal of evidence in the murders of cosmetics millionaire Datuk Sosilawati Lawiya and three others, has filed an appeal against his conviction and sentence.

Nineteen-year-old K. Saravanan's appeal was made via law firm Messrs A. S. Dhaliwal at the Shah Alam High Court Criminal registry here Tuesday.

On Oct 15, the former mechanic and V. Suresh, 26, received the jail sentence from the magistrate's court in Teluk Datuk.

In the notice of appeal, Saravanan said he was dissatisfied with the decision of the magistrate, Hurman Hussain.

Saravanan and Suresh were each charged with seven counts of disposing of evidence, under Section 201 of the Penal Code.

Hurman sentenced them to seven years' jail on each count to be served concurrently, from the date of their arrest on Sept 9, this year.

They were among eight people detained by police between Sept 9 and 12, in connection with the disappearance of Sosilawati and three others on Aug 30, this year.

Saravanan was charged with disposing the evidence by burning the remains of Sosilawati, 47, CIMB bank officer Noorhisham Mohammad, 38, lawyer Ahmad Kamil Abdul Karim, 32, and Sosilawati's driver, Kamaruddin Shamsuddin, 44.

The bodies of the four victims were burnt at Lot No 2001, Jalan Tanjung Layang, Tanjung Sepat, Banting, between 8.30pm and 9.45pm on Aug 30.

Suresh was charged with disposing of evidence by throwing the ashes of the four bodies at Sungai Panchau, Jalan Morib Banting, between 8am and 10am on Aug 31, this year.

On Oct 13, lawyer N. Patmanabhan and three farm workers, T. Thilaiyalagan, 19, R. Matan, 20, and R. Khatavarayan, 30, were charged at the same court with murdering Sosilawati, Noorhisham, Ahmad Kamil and Kamaruddin.

The court set Dec 16 for mention of the murder case, pending the chemistry and other relevant reports.

Counsel Avtar Singh Dhaliwal said no date was set by the High Court to hear the matter, adding that he had filed the appeal on the instruction of Saravanan's family. - Bernama

2 pekerja Pathma dipenjara 7 tahun

KUALA LANGAT 15 Okt. - Pada hari rakyat Malaysia meraikan Hari Kemerdekaan Ke-53, mayat jutawan kosmetik, Datuk Sosilawati Lawiya dan tiga rakannya disusun di atas longgokan kayu dan dibakar sebelum abu mayat mereka dimasukkan ke dalam sebuah tong biru serta dibuang ke dalam Sungai Panchau di sini.

Perkara itu dilakukan semata-mata ingin melindungi majikan mereka yang juga seorang peguam, N. Pathmanabhan, 41, dan tiga lagi pekerja ladang, T. Thilaiyalagan, 19; R. Matan, 20; dan R. Kathavarayan, 30, daripada dikenakan tindakan undang-undang.

Bagaimanapun, pada Rabu lalu, kesemua lelaki tersebut didakwa di Mahkamah Majistret Telok Datok di sini atas tuduhan membunuh pengasas kosmetik Nouvelles Visage itu, pemandu Sosilawati, Kamarudin Shamsudin, 47; peguam, Ahmad Kamil Abd. Karim, 32; dan pegawai Bank CIMB cawangan Kampung Baru, Norhisham Mohammad, 38.

Jika disabitkan kesalahan, kesemua tertuduh itu boleh dikenakan hukuman mati mandatori.

Hari ini, fakta ngeri kes pembunuhan kesemua mangsa itu diakui sendiri oleh dua lagi pekerja ladang milik peguam itu yang 'ditugaskan' untuk menyusun mayat-mayat mangsa atas longgokan kayu, membawa minyak petrol dan diesel untuk membakar mayat serta membuang abu mayat ke dalam sungai.

Fakta kes itu dibacakan oleh jurubahasa sejurus selepas tertuduh- tertuduh, K. Sarawanan, 19, dan U. Suresh, 26, mengaku bersalah atas empat pertuduhan setiap seorang pada prosiding di mahkamah majistret yang sama hari ini.

Majistret Hurman Hussain kemudian menjatuhkan hukuman penjara tujuh tahun bagi setiap pertuduhan ke atas kedua-dua tertuduh berkuat kuasa dari tarikh tangkapan iaitu pada 9 September lalu.

Hukuman pemenjaraan itu bagaimanapun diperintahkan berjalan secara serentak.

Kedua-dua tertuduh juga memohon maaf kepada kesemua keluarga mangsa atas penglibatan mereka dalam pembunuhan ngeri itu.

Terdahulu, sebelum kedua-dua tertuduh dijatuhkan hukuman, mereka dibawa ke luar mahkamah bagi mengecam sebuah kenderaan pacuan empat roda, Isuzu D-Max bernombor pendaftaran WSF 8070 yang digunakan untuk mengangkut tong yang berisi abu mayat mangsa-mangsa sebelum dibuang ke dalam sungai.

Mengikut pertuduhan, Sarawanan yang sebelum ini pernah bekerja sebagai seorang mekanik motosikal didakwa atas empat pertuduhan membakar mayat semua mangsa antara pukul 9.45 malam dan 12 tengah malam, 30 Ogos lalu di ladang Lot 2001, Jalan Tanjung Layang, Tanjung Sepat dekat sini.

Suresh yang turut didakwa atas empat pertuduhan dituduh telah melupuskan bukti pembunuhan kejam itu dengan sengaja membuang abu mayat kesemua mangsa ke dalam Sungai Panchau, Jalan Morib di sini kira-kira pukul 8 dan 10 pagi, 31 Ogos lalu.

Pertuduhan ke atas mereka dibuat mengikut Seksyen 201 Kanun Keseksaan yang memperuntukkan hukuman maksimum tujuh tahun dan boleh dikenakan denda.

Pada prosiding hari ini, pihak pendakwaan diketuai oleh Timbalan Pendakwa Raya, Ishak Mohd. Yusof dan dibantu oleh dua Timbalan Pendakwa Raya, Saiful Edris Zainuddin dan Idham Abd. Ghani.

Kedua-dua tertuduh pula diwakili peguam-peguam bela, M. Puravelan, Roslie Sulle dan Muhammad Naquib Abdul Razak.

Selepas mahkamah menjatuhkan hukuman, Ishak memohon agar Suresh dan Sarawanan yang bakal menjadi saksi utama dalam perbicaraan kes pembunuhan kejam itu ditempatkan di penjara yang berbeza daripada empat tertuduh sebelum ini bagi menjamin keselamatan mereka.

Duo jailed for destroying evidence

BANTING: Two men were jailed a total of 28 years each after they pleaded guilty to four counts of disposing of evidence in relation to the murder of cosmetics queen Datuk Sosilawati Lawiya and three others.

However, the duo - K. Sarawanan, 19, and U. Suresh, 26 - will only serve a total of seven years in jail, the maximum jail sentence for such an offence, after the court ordered the sentences to be run concurrently.

Before passing sentence, magistrate Hurman Hussain commented that although there was no evidence linking them to the murders, “a heinous crime is still a heinous crime.”

Sarawanan, a motorcycle mechanic, was charged with burning the bodies of Sosilawati, 47, CIMB Bank officer Noorhisham Mohammad, 38, lawyer Ahmad Kamil Abd Karim, 32, and driver Kamaruddin Shamsuddin, 44, knowing that they had been murder victims.

He committed the offence at Lot 2001, Jln Tanjung Layang, Tanjung Sepat, here, between 9.45pm and 12am, on Aug 30. Suresh, an odd-job worker, was charged with intentionally disposing of the ashes of the four victims into Sg Panchau here between 8am and 10am on Aug 31.

They were accused of doing so with the intention of preventing lawyer N. Pathmanabhan, 41, as well as farm workers T. Thilaiyalagan, 19, R. Matan, 20, and R. Khatavarayan, 30, from facing legal action, an offence under Section 201 of the Penal Code.

The four were charged on Wed­nesday with murdering Sosilawati, Noorhisham, Ahmad Kamil and Kamaruddin.

All six accused were among eight arrested by police between Sept 9 and 12 in connection with the murders.The prosecution was led by DPP Ishak Mohd Yusoff, Saiful Edris Zainudin and Idham Abd Ghani, while M. Puravelan, Muhammad Naguib Abdul Razak, and Roslie Sulle stood as counsel for the two accused.

According to the facts of the case, after witnessing the alleged murders, Sarawanan was instructed by Thilaiyalagan and Matan to hand petrol and diesel over to them, and together they placed the victims’ bodies on top of a pile of wood.

He then piled more wood on top of the bodies before pouring petrol and diesel and lighting the fire.

Suresh witnessed Thilaiyalagan and Matan collecting something from the ground at the farm and putting it into barrels.

When he asked the two what was in the barrel, they replied that it was the ashes of the four victims, who had been murdered and burned the night before.

He then saw Kathavarayan drive an Isuzu D-Max vehicle to where they were. They loaded the barrels into the vehicle and proceeded to Sg Panchau where they threw the barrels into the river.

After that was done, he and Thilaiyalagan cleaned the site of the burning before going back to their usual work on the farm.

Prior to sentencing, Ishak told the court that the prosecution would be calling them as witnesses, and sought an order from the court to keep them separated from the other accused in this case.

Banting suspects plead guilty, sentenced

UPDATED 6.45pm

BANTING: Two men were today sentenced to seven years' jail each for burning the bodies of cosmetics millionaire Datuk Sosilawati Lawiya and her three associates and for disposing of their ashes.

Magistrate Hurman Hussein meted out the sentence after odd-job worker U. Suresh, 19, and mechanic K. Sarawanan, 26, both pleaded guilty at the Telok Datok Magistrate's Court this morning to four counts each, under Section 201 of the Penal Code, of disposing of evidence in regards to the four murders so as to prevent the capture of the four accused of the murders.

The charge was read to the both in Tamil.

Suresh pleaded guilty to throwing the ashes into Sungai Panchau, located in Morib, on Aug 31, between 8am and 10am while Sarawanan admitted to burning the bodies, with both having knowledge the murders had been committed on Aug 30, between 8.30pm and 9.45pm.

In the facts of the case presented to the court, Sarawanan acknowledged that on Aug 30 between 8.30pm and 9.45 pm at Lot No. 2001, Jalan Tanjung Layang, Tanjung Sepat near here, he saw all four victims had been murdered and he was instructed to retrieve petrol and diesel from a farm worker's house.

He, together with two other farm workers, placed the four bodies on piles of wood which had already been laid out at the scene, after which the trio covered the bodies with more wood.

The court was told that petrol was poured over the bodies before Sarawanan and the farm workers burnt them.

Meanwhile, it was also stated that Suresh saw the same farm workers who had been with Sarawanan, placing something in a blue barrel near the burn site and when he (Suresh) inquired, he was told it was the ashes of the four deceased which they had murdered the night earlier.

The barrel was then taken to Sungai Panchau in a four-wheel drive vehicle for the ashes to be disposed of.

Suresh and one of the farm workers were instructed to throw the ashes into the river together with the barrel. After completing the task at around 10am, they returned to clean up the burn site by disposing all of the remaining wood and zinc there.

The wood pieces were thrown at a dumping ground in Sungai Arak in Kampung Kelanang while the zinc pieces were thrown into the river there.

For their offences, Hurman sentenced each of the accused to seven years imprisonment for each of the four counts but ordered the sentences to run concurrently from the date of their arrest.

In delivering his sentence, the magistrate said he came to such a decision, not because it is a case involving a high-profile individual, but based on the nature of the acts and the impact caused.

"Although they did not commit the murder, they disposed the evidence and covered up the act, which is implied under Section 302," he said.

He said he had taken into consideration the background of the case where there was no evidence to show that the two farm workers were involved in the actual killings.

Earlier, in his mitigation to the court, Sarawanan's counsel Roslie Sulle said his client was only a mechanic in a motorcycle shop who earns RM800 monthly, and that he is his family's sole breadwinner.

"He is the youngest of four siblings, his elder brother has died, his two elder sisters are married in Ipoh, his father is sickly and his mother is a housewife," said Roslie.

Suresh's counsel Muhammad Naguib Abul Malik, told the court that his client was an odd-job worker with an average monthly income of only RM700.

Suresh also has one younger sister who will be getting married next year. His father died in 1997 and his mother is a diabetic.

After the sentencing, Sarawanan and Suresh apologized to the court for their actions from the dock.

Prosecution for this case comprised deputy public prosecutors Saiful Edris, Ishak Mohd Yusoff and Idham Abd Ghani, while counsel Muhammad Naguib, Roslie and M. Puravelan represented the two accused.

Last Wednesday, lawyer N. Pathmanabhan, 41, and three farm workers — T. Thilaiyalagan,19, R. Matan, 20 and R. Kathavarayan, 30 — were charged under Section 302 of the Penal Code with murdering the four on Aug 30 between 8.30pm to 9.45pm at Lot 2001, Jalan Tanjung Layang, Tanjung Sepat, Banting, Kuala Langat.

Meanwhile, three other suspects in the gruesome multiple murders, a woman and two men, were released on police bail. One of the two men released was believed to be the accused Pathmanabhan's brother.

The deceased had been reported missing on Aug 30 after going to Banting to discuss a land purchase deal.
Sosilawati, founder of Nouvelle Visages (NV) cosmetics line and former wife of rocker Nash, had told one of her daughters that she was going to Banting for three days and was said to be carrying a large amount of cash.

During investigations, police stated the victims were bludgeoned to death, set ablaze and had their ashes, including small bone fragments, scattered in a river near Ladang Gadong in Tanjong Sepat, near Banting.

The lawyer accused and his brother, also a lawyer, were apparently acting as brokers for Sosilawati in the purchase of land in Penang worth millions of ringgit.

The two lawyer brothers are also reportedly being investigated over the disappearance of several individuals — Indian businessman A.K. Muthuraja, 34, Sg Petani businessman Mohd Shafik Abdullah, 37, S.Thevaraj, 28, and A. Anpalagan, 43, as well as over the murder of housewife T. Selvi, 44.

It had further been reported that several police reports had been lodged against the two lawyer brothers since 2005 over allegations of commercial crimes involving land transactions and criminal breach of trust which allegedly resulted in losses amounting to RM7.1 million to the alleged victims.