Sosilawati murders: Prosecution’s application to declare witness hostile rejected

Sosilawati murders: Prosecution’s application to declare witness hostile rejected
January 25, 2012

SHAH ALAM, Jan 25 — The High Court here today rejected an application by the prosecution in the murder trial of cosmetic millionaire Datuk Sosilawati Lawiya and three others to declare a witness hostile, Bernama Online reported this evening.

The news portal said Judge Datuk Akhtar Tahir made the decision after finding that the prosecution had no basis to support the application to declare R. Vakason as such.

In his judgment, Akhtar said he agreed with lawyer Manjeet Singh Dhillon, representing N. Pathmanabhan, the first accused in the murder case, that the prosecution should have a basis to support the application.

Akhtar also said he did not see any action by the witness against Deputy Public Prosecutor Ishak Mohd Yusoff that could be regarded as hostile.

Ishak submitted the application under Section 154 of the Evidence Act on the grounds that Vakason’s testimony did not side with the prosecution.

He also said that the prosecution had the right to challenge Vakason’s credibility.

During an earlier part of the trial, Ishak told the court that the prosecution would call Vakason to give an eyewitness account, stating that he saw Sosilawati with three men in a black BMW car at about 6.40pm on August 30, 2010.

Vakason, however, told the court that he saw nothing suspicious at a farm in Banting on the date in question, the day the murders were allegedly committed.

Vakason said he recalls hearing a car pull up before falling asleep at about 6pm on August 30, 2010. He testified that he only woke up the following day and went about his daily duties, while second accused, T. Thilaiyalagan, and third accused, R. Matan, fed the goats.

Pathmanabhan, 43, a former lawyer, and Thilaiyalagan, 21, Matan, 22, and R Khatavarayan, 32, who were workers at the farm, are charged with killing Sosilawati, 47, bank officer Noorhisham Mohamad, 38, lawyer Ahmad Kamil Abdul Karim, 32, and Sosilawati's driver, Kamaruddin Shamsuddin, 44.

They are charged with committing the offence at Lot 2001, Jalan Tanjong Layang, Tanjung Sepat, Banting, between 8.30pm and 9.45pm on August 30, 2010.

The offence, under Section 302 of the Penal Code, carries the mandatory death sentence upon conviction.

The hearing continues tomorrow.
http://www.themalaysianinsider.com/malaysia/article/sosilawati-murders-court-rejects-prosecutions-application-to-declare-witness-hostile/