No reprieve for ex-lorry driver as Federal Court dismisses final appeal in 2016 culpable homicide
PUTRAJAYA, June 16 — The Federal Court today upheld the 18-year prison sentence of a former lorry driver convicted of culpable homicide not amounting to murder in the death of an Indian national in 2016.
A three-member bench consisting of Justices Datuk Zabariah Mohd Yusof, Datuk Nordin Hassan and Datuk Vazeer Alam Mydin Meera unanimously dismissed R. Kamaraj's final appeal against his conviction and sentence.
'We do not find any reason to disturb the findings of the courts below, both in terms of the conviction and sentence,' said Justice Zabariah, affirming the Court of Appeal's decision, which upheld the Seremban High Court's ruling.
Kamaraj, 35, was found guilty by the High Court for causing the death of M. Selvam, 39, in a school compound in Senawang, Negeri Sembilan, at 8pm on November 27, 2016.
He had initially been charged with two others – S. Kumaravelan and P. Tanabalan – for murder.
Tanabalan, 42, passed away before the trial started.
On December 29, 2021, the High Court convicted both Kamaraj and Kumaravelan, 31, for culpable homicide not amounting to murder. Kamaraj was sentenced to 18 years' imprisonment, while Kumaravelan received a 13-year jail term.
Kamaraj appealed to the Court of Appeal, but his appeal was dismissed on April 29, last year. He then brought his case to the Federal Court.
Kumaravelan, meanwhile, withdrew his appeal at the Court of Appeal.
During the trial, a florist testified that Selvam, her employee, was taken by three men, including the appellant, from her stall following a dispute involving money she had entrusted to Selvam.
The woman told the court that Kamaraj became enraged when Selvam admitted to spending part of the money and requested more time to repay it. She testified she had been in a relationship with the appellant (Kamaraj) at that time and had saved the money for their intended marriage.
Selvam was subsequently assaulted and was hospitalised. He later died from his injuries. — Bernama
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