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Tuesday, 12 October 2010

Sosilawati suspects demand review of repeated remand orders

KUALA LUMPUR, Oct 11 – Lawyers representing the two brothers suspected of masterminding the murder of Datuk Sosilawati Lawiya and three others today filed a revision application with the High Court, claiming their clients were victims of repeated remand orders.

The two main suspects have been subjected to consecutive remand orders without facing charges.

Their lawyers also alleged that the police had refused them access to their clients in violation of their right to representation.

“We have made a revision application (against the remand orders) at the High Court this morning, and we’re waiting for the court to decide on a date,” lead lawyer Ravi Neeko told The Malaysian Insider.

His clients, aged 38 and 41, have so far had their remand extended three times back-to-back based on three separate police reports since being arrested on September 11.

The first was made in connection with the Sosilawati murders, while the other two concern missing Indian national A. Muthuraja and contractor Mohd Syafiq Abdullah, who disappeared with his business partner in April.

Neither brother has yet been charged despite police claiming they have “overwhelming” evidence linking the two to the Sosilawati case.

The latest remand order granted by the court will expire on Wednesday.

Ravi today also claimed that he had only been allowed to see his clients four times since the remand orders started a little over four weeks ago, and even then only for short spells.

The lawyer said that at the first meeting with his clients at Kuala Lumpur police contingent headquarters following their initial arrest, he was not able to receive instructions from them as ten police officers were within earshot at the time.

Section 28A(5) of the Criminal Procedure Code (CPC) allows police to be within sight – but not hearing range – when clients meet with counsel, the former Legal Aid Centre (LAC) KL chairman said.

He explained that it was not so much a question of possible self-incrimination but client-solicitor confidentiality.

“You would not want the world to know what you tell your doctor,” he said.

The two suspects, who are also lawyers, earlier this week lodged a report at the Teluk Panglima Garang police station claiming they had been denied legal representation and visits by family members.

The main suspect has also alleged abuse while in custody, claiming the police kicked and assaulted him with a rubber hose, as well as hit on his private parts with a stick.

The 41-year-old also said he was forced to perform 60 repetitive squat stands until he passed out, adding that he was also forced to admit and point his finger involuntarily to where a murder victim’s mobile phone was thrown.

Cosmetics millionaire Sosilawati, 47, her driver, Kamaruddin Shamsuddin, 44, CIMB bank officer Noorhisham Mohammad, 38, and personal lawyer Ahmad Kamil Abd Karim, 32, were reported missing since August 30 after they were said to have gone to Banting over a land transaction.

On September 13, police confirmed that the four victims were beaten to death before their bodies were burnt and the ashes scattered into a river near Ladang Gadong in Banting, Selangor.

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