Sosilawati murder trial to decide police report’s entry Jan 30
SHAH ALAM, Jan 27 — The admissibility of a witness’s police report related to the murders of cosmetic millionaire Datuk Sosilawati Lawiya and three others will be decided by the High Court here on January 30, according to a Bernama Online report today.
Lawyer Gurbachan Singh, representing T. Thilaiyalagan, one of the four accused, had applied to have the report admitted under Section 145 of the Evidence Act, to be used during his cross examination of chief inspector N. Govindan, a police interrogation officer.
Gurbachan said the report was necessary to show inconsistency in Govindan’s testimony during the trial.
“I submit that previous statements include police reports as well,” he was quoted as saying in the report.
Challenging the application, deputy public prosecutor Saiful Edris Zainuddin contended that report could not be used to discredit the witness, saying this required separate impeachment proceedings.
Another prosecutor, DPP Ishak Mohd Yusoff, held that police reports did not come under the umbrella of previous statements.
“In most cases, the [first information reports] can be used under Section 145 but police reports are inadmissible,” Ishak said.
Former lawyer N. Pathmanabhan, 42, together with farm workers R. Matan, 21; R. Khatavarayan, 31; and Thilaiyagan, 20, are jointly charged with murdering Sosilawati, 47, lawyer Ahmad Kamil Abdul Karim, 32, bank officer Noorhisham Mohamad, 38, and Sosilawati's driver, Kamaruddin Shamsuddin, 44.
They are accused of committing the acts at Lot 2001, Jalan Tanjong Layang, Tanjung Sepat, Banting, between 8.30pm and 9.45pm on August 30, 2010.
Charged under Section 302 of the Penal Code, read with Section 34 of the same code, they face the death penalty if found guilty.
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