EXCLUSIVE, published in collaboration with MMO
>> Read original article in Bahasa Malaysia
BY ABDUL RASHID ISMAIL

The writer says the decision by the Government to abolish the mandatory death sentence for drugs offences is a clear recognition that the mandatory death regime does not act as a deterrent. — AFP pic
OPINION, Dec 12 — Once a person has been executed by the state, it is irreversible. The occurrence of miscarriages of justice cannot be denied. It is inevitable that an innocent life may be taken away in a criminal justice system that is dependent on the integrity and honesty of those involved and vulnerable to human error.
Many have forgotten the wrongful conviction of S. Karthigesu who was charged, tried and convicted for the murder of Jean Perera Sinnappa which took place in 1979. Karthigesu was the only suspect. He was represented by R. Ponnudurai who was a well-respected criminal lawyer.
The murder trial took 38 days. The main prosecution witness was Bhandulananda Jayatilake. He testified that he witnessed Karthigesu exclaim that Jean “did not deserve to live”. The trial Judge regarded these words as an incriminating outburst. No evidence was ever found to directly identify the killer. The murder weapon was also never discovered despite an intensive search.
Karthigesu was given a mandatory death sentence by the trial Judge. He appealed to the Federal Court against his conviction and death sentence. Four days after Karthigesu’s conviction, Jayatilake who was the main prosecution witness came forward. He confessed that he had lied. He did not witness the alleged incriminating outburst implicating Karthigesu. According to the judgment of the Court, he had been asked to lie in order to secure Karthigesu’s conviction.
The Federal Court set aside Karthigesu’s conviction and mandatory death sentence. Jayatilake was then convicted of perjury and was sent to prison for 10 years.
Karthigesu was freed after having been on the death row for more than 2 years. He was indeed very lucky. Many others before and after him may have not been so lucky. Karthigesu was a victim of a miscarriage of justice. Read more →