NRD did not reject death certificate application by Sosilawati's children - SFC

Senior federal counsel (SFC) Maisarah Juhari representing the NRD, said this at the hearing of the applicants' judicial review at the High Court here today.

She said issuance of the certificate would only be considered after disposal of an appeal filed by the individuals found guilty of murdering the cosmetics millionairess in Banting, Selangor in 2010.

"Based on the letter sent by the NRD to Sosilawati's family on July 25, 2014, the department would only consider their application after disposal of the appeal," she said.

She said the appeal would be heard on Aug 10.

Maisarah also pointed out that based on the provisions in Section 108 of the Evidence Act 1950, a person would only be confirmed dead after seven years without communication.

"In this case, the victim was murdered on Aug 30, 2010 and it definitely has not reached seven years yet," she submitted.

Meanwhile, counsel Mohd Iskandar Ismail who is representing the deceased's five children said the NRD made a mistake in rejecting their application for the certificate.

"Because NRD did not issue the death certificate, the applicants cannot carry on as usual, as all transactions have been put on hold including company affairs," he submitted.

Justice Datuk Asmabi Mohamad set July 27 for decision. Erwan Suwari Rizuwan Buhari, 29, Md Erwan Nasri, 28, Erni Erinawati Sofia, 26, Erni Rineelawati, 25, and Siti Nur Fatimah, 18, applied for the judicial review on Sept 24, 2014, naming the NRD as the sole respondent.

On May 23, 2013, the Shah Alam High Court sentenced former lawyer N. Pathmanabhan and three farm workers, T.Thilaiyalagan, R. Matan and R.Kathavarayan to death for the murder of Sosilawati, 47, her driver Kamaruddin Shamsuddin, 44, bank officer Noorhisham Mohamad, 38, and lawyer Ahmad Kamil Abdul Karim, 32.