PUTRAJAYA, Oct 20 — An odd job worker today escaped the gallows for killing a car wash owner whose body was found buried in a cemetery almost five years ago.
This was after S. Soosai, 34, succeeded in his appeal at the Court of Appeal to set aside his murder conviction and death sentence.
In allowing Soosai’s appeal, Justice Datuk Hadhariah Syed Ismail who led a three-member panel ruled that there was no direct or circumstantial evidence that Soosai had caused B. Sugumaran’s death.
In the court’s unanimous decision, she said the court agreed with the submission by Soosai’s counsel, Afifuddin Ahmad Hafifi that it was not known what was the actual information that Soosai gave to police.
Justice Hadhariah said Soosai’s act of pointing to where the deceased body was buried did not mean that he had caused his death.
Sitting with Justices Datuk Che Mohd Ruzima Ghazali and Datuk Hashim Hamzah, she held that Soosai’s conviction for murder was not safe.
On February 17, 2020, the Seremban High Court sentenced Soosai to death after finding him guilty of killing Sugumaran, 34, at a Christian cemetery in Kampung Saga Rantau, Port Dickson, Negeri Sembilan between 6pm on September 13, 2017, and 6.30pm on November 11, 2017.
According to the prosecution’s case, the deceased was seen following two men in a car on September 13, 2017, and his elder brother subsequently made a police report the next day after failing to contact or find him.
On November 6, 2017, police arrested Soosai and during interrogation, he purportedly gave information that the deceased body was in a seaside area. After leading police to the place, Soosai purportedly said that he actually buried the deceased’s body at a Christian cemetery.
The police team then went to the cemetery and found the body after Soosai showed them where it was buried. DNA analysis was carried out, with the deceased identified as Sugumaran.
Soosai, who gave an unsworn statement, denied he told police the deceased’s body was buried in the cemetery, or that he had killed the deceased.
He said did not have the motive to kill the deceased as he did not know him or had met him. Soosai said he gave information that the body was buried at Pantai Chuah as he could not take the threats and beatings by police.
Deputy public prosecutor Wong Poi Yoke, appearing for the prosecution, submitted that the evidence against Soosai was circumstantial as he had the knowledge of where the body was placed.
— Bernama
