Sosilawati murder: Appeal by four convicts postponed to Aug 10

The Court of Appeal here today postponed to Aug 10, the hearing of the appeal by four men who were sentenced to death for the murder of cosmetics millionairess Datuk Sosilawati Lawiya and her three aides after a lawyer discharged himself from representing one of the accused.

The three-member panel chaired by Justice Datuk Aziah Ali was scheduled to hear the appeal for five days starting today.

However, the hearing of the appeal had to be adjourned to another date as counsel Hisyam Teh Poh Teik informed the court that he was discharging himself from representing the fourth accused, R. Kathavarayan, following a letter and a police report made by him (Kathavarayan).

Hisyam said Kathavarayan had made a police report dated April 20 this year, saying that he did not want him (Hisyam) to represent him, alleging that his interest would be compromised.

Kathavarayan also stated in the report that he preferred an Indian counsel who was proficient in Tamil to enable him to communicate with the lawyer.

Responding to Kathavarayan's claim, Hisyam said the reason given by the former in the police report was incorrect, adding that he had done all to protect the accused's interest.

Justice Aziah said in a pre-emptive measure, she had earlier asked the court registrar to get a counsel as requested by Kathavarayan and had appointed M. Stanislaus Vethanayagam as court-assigned counsel for him (Kathavarayan).

She then asked Kathavarayan whether he agreed to be represented by Stanislaus to which he (Kathavarayan) accepted.

Justice Aziah who presided on the panel with Justices Datuk Tengku Maimun Tuan Mat and Datuk Seri Zakaria Sam then allowed Hisyam's application to be discharged.

However, the court could not proceed with the appeal after Stanislaus informed the court that his client whom he had spoken to before the court proceeding began, wanted him to submit a fresh submission and discard the submission prepared by his previous lawyer, Hisyam.

Justice Aziah who granted the final adjournment then fixed six days from Aug 10 to 13 and Aug 17 to 18 as the new hearing dates. She also instructed Stanislaus to submit his written submission by July 1.

Former lawyer N. Pathmanabhan, 45, and farmhands T.Thilaiyalagan, 23, R.Matan, 24, and Kathavarayan were sentenced to death for murdering Sosilawati, 47, her driver Kamaruddin Shamsuddin, 44, bank officer Noorhisham Mohamad, 38, and lawyer Ahmad Kamil Abdul Karim, 32.

They were found guilty by the High Court in Shah Alam on May 23, 2013 of committing the murder at Lot 2001, Jalan Tanjong Layang, Tanjung Sepat in Banting between 8.30pm and 9.45pm on Aug 30, 2010.

Pathmanabhan was represented by lawyer Manjit Singh, Thilaiyalagan by Gurbachan Singh and Matan by Amer Hamzah Arshad, while appearing for the prosecution was a team of five deputy public prosecutors led by Ishak Mohd Yusoff.