Federal Court upholds death sentences of duo over lorry driver's murder

A three-member bench led by Federal Court judge Datuk Nallini Pathmanathan also affirmed the decision of the High Court for the third appellant, a student aged 18 at the time the offence was committed, to be detained at the pleasure of the Sultan of Selangor.

The court dismissed the appeals by the three appellants - storekeeper G. Puganeswaran, housewife K. Annamah and then student S. N. Harichandran.

Federal Court judge Datuk Abdul Rahman Sebli delivered the court's decision, ruling that the High Court judge was right in determining there was common intention by the trio to commit the murder.

"We are satisfied that the Court of Appeal was right in affirming the decision of the High Court," he said, adding that there was sufficient judicial appreciation of evidence by the High Court judge.

The third judge was Datuk Vernon Ong Lam Kiat.

The Shah Alam High Court found Puganeswaran, 30, Annamah, 43, and Harichandran, now 25, guilty in 2017 of killing lorry driver M. Ganesan, 31, at a flat in Petaling Jaya, Selangor, at 2.47 am on Feb 16, 2012. In 2018, the Court of Appeal upheld the decision of the High Court.

According to the facts of the case produced by the prosecution, Annamah related to her neighbour Puganeswaran her marital problems, saying she was often beaten by her husband who came home in a state of intoxication.

After Ganesan went to bed, Puganeswaran gave orders to Harichandran and three accomplices to enter the flat and kill him. Annamah opened the door of her flat to let them in. A pillow was placed over Ganesan and his legs were held by one of the assailants before he was stabbed with a knife.

All the three appellants, in their evidence, denied they had killed Ganesan.

Lawyer A. Saha Deva represented Puganeswaran; lawyer Surjan Singh Sidhu, Annamah; and lawyer K. Viknesvaran, Harichandran. Deputy public prosecutor Nahra Dollah appeared for the prosecution.