PUTRAJAYA: Former prosecutor Datuk Anthony Kevin Morais died from suffocation caused by an external factor, the Court of Appeal heard today.
Deputy public prosecutor Datuk Mohd Dusuki Mokhtar said it was evident that Morais died from asphyxia, a condition that cannot be self-inflicted.
"We relied on the testimony of the 11th prosecution witness, General Hospital forensic consultant Dr Nurliza Abdullah who conducted a post-mortem on the decease.
"She confirmed that the cause of death was 'probable asphyxiation'.
"The witness explained that Morais' death was due to drowning or suffocation due to external factors, causing him to be unable to breathe and experience oxygen deficiency or total lack of oxygen," he said.
Dusuki said this in his submissions to dismiss an appeal by the six accused who were sentenced to death three years ago after being found guilty by the High Court.
The six are former military pathologist Colonel Dr R. Kunasegaran, A.K. Thinesh Kumar, M. Vishwanath, R. Dinishwaran, S. Ravi, and S. Nimalan.
Dusuki said the lower court also agreed that the prosecution managed to prove all elements of the charges against the six appellants.
"The High Court was satisfied that all direct evidence and circumstantial evidence pointed to the proof of the appellants' concerted intention leading to Morais' death.
"Based on the testimony of 70 prosecution witnesses, the prosecution argued that all elements of the charges had been proven," he said.
The three-member bench of the appellate court chaired by Datuk Hadhariah Syed Ismail then fixed March 14 for verdict.
The six were adjudged to have committed the offence somewhere along Jalan Dutamas Raya, Sentul and No 1, Jalan USJ 1/6D, Subang Jaya, between 7am and 8pm on Sept 4, 2015.
Morais, 55, was reported missing on Sept 4, 2015. He was last seen leaving his apartment at Menara Duta in Kuala Lumpur in a Proton Perdana.
His body was found in an oil drum filled with cement at Persiaran Subang Mewah, Subang Jaya, on Sept 16, 2015.
In his decision, High Court judge Datuk Azman Abdullah, now a Court of Appeal judge, had held that all the six men had common intention to kill Morais.
He had said the defence failed to raise any reasonable doubt as to the six men's involvement in the murder.
A total of 70 prosecution witnesses and 14 defence witnesses, including all the accused, testified in the trial which started on April 6, 2016.
The six then filed their notice of appeal to the Court of Appeal on July 13, three years ago.
