Lawyer N Sivananthan said the accomplice, G Gunasekaran, who was the prosecution’s key witness, had during the investigation told police that it was S Ravi Chandran who told him to mind his own business after he inquired what was happening after Morais’s murder.

Sivananthan, who is representing Dr R Kunaseegaran, a former military doctor, said Gunasekaran had in court attributed that statement to his client.

He said this piece of evidence was accepted and the trial judge convicted Kunaseegaran and five others, including Ravi.

“Gunasekaran’s evidence is not credible and ought to be rejected,” he said in his submission before a three-member bench, chaired by Chief Justice Tengku Maimun Tuan Mat.

Also hearing the appeal against conviction and sentence by the six are Justice Abang Iskandar Abang Hashim and Rhodzariah Bujang.

Gunasekaran was initially jointly charged with murdering Morais but the prosecution later withdrew its case against him.

He later pleaded guilty in the sessions court and was sentenced to two years in jail for concealing Morais’s body and disposing of the number plate of the deceased’s car.

Sivananthan said the damning evidence about Kunaseegaran was never recorded although Gunasekaran insisted he told this to a recording officer.

“It defies logic that a senior-ranking police officer would selectively choose to record one part of the evidence given by Gunasekaran against Ravi Chandran but disregard the other evidence given against Kunaseegaran, which involved the use of the same exact words,” he said.

He said the defence had called the officer who confirmed he had recorded what was told by Gunasekaran and did not leave anything pertinent out.

Sivananthan said the trial judge had accepted the evidence of Gunasekaran without any appraisal of his credibility.

He said the trial judge had erred in calling for the defence of his client and subsequently failed to consider the defence in a just and fair manner.

“The trial judge committed errors which render the conviction unsafe. We pray the appeal is allowed and he will be acquitted of murder,” said Sivananthan, who was assisted by Jasmine Cheong.

Last year, the Court of Appeal upheld the death penalty imposed on Kunaseegaran, Ravi Chandran, R Dinishwaran, AK Thinesh Kumar, M Vishwanath and S Nimalan as they had a common intention to kill Morais 10 years ago.

The bench said the trial judge was right in relying heavily on circumstantial evidence and the testimony of Gunasekaran.

Y Sheelan Samuagan acted for Dinishwaran, Kitson Foong for Ravi Chandran, Burhanudeen Abdul Wahid for Thinesh Kumar, Afifuddin Ahmad Hafifi for Vishwanath and Amer Hamzah Arshad for Nimalan.

The lawyers, in their submissions, took the common position that the murder charge had not been proven and at best their clients were guilty of abducting Morais.

The High Court sentenced the six men to death on July 10, 2020, after they were found guilty of murdering Morais on Sept 4, 2015, somewhere between Sentul, Kuala Lumpur, and Subang Jaya in Selangor.

Morais, 55, was reported missing on Sept 4, 2015, and was last seen leaving his apartment at Menara Duta in Kuala Lumpur in his official car. His body was found in an oil drum filled with cement in Subang Jaya 12 days later.

The prosecution contends that some of the accused in a car staged an accident with the vehicle driven by Morais as he was leaving his home to abduct him.

The hearing has been adjourned to April 24 for the prosecution to reply.