The court upheld that identity changes post-conviction do not negate the validity of prior convictions and sentences.

[2] The other Criminal Application No AB-44-9-05-2019 is by Chandrasegaran a/l Sunthiran (CS) with NRIC No 670502-08-6549, the respondent to the present application, for a writ of habeas corpus. The said application was dismissed by this court. He has appealed to the Federal court against that decision pursuant to s 374 of the Criminal Procedure Code (Act 593; CPC ). The full text of the Judgment in that matter is annexed to this judgment as an Annexure. Substantial part of this judgment also forms part of that judgment by this court.

[3] It is emphasized that since both the applications (AB-44-9-05-2019 and AB-44-10-05-2019) were heard together, the affidavits filed for the said applications are by necessity relevant reference in this judgment.

Who Is MS?

[4] MS is the accused who was arrested, investigated, charged and tried for an offence of murder at the Taiping High court for committing an offence of causing the death of Salachee a/p Muniandy (NRIC No 261120-08-5308).

[5] MS was tried, convicted and sentenced to death by the Taiping High court on 14 September 2006 vide Perak Criminal Trial No 45-3-02. At all material time during the criminal trial at the High court and his appeal to the court of Appeal and Federal court, he had identified himself as Maniam a/l Santhiran with IC No A1255336.?

[6] MS had appealed against the said conviction and sentence by the Taiping High court to the court of Appeal and thereafter to the Federal court. Both the court of Appeal and our apex court upheld the conviction and sentence of death passed by the High court. With that the conviction and sentence of death passed on MS stays. MS is now incarcerated at the Taiping prison.

Relationship Between MS And CS

[7] As a bolt out of the blue, CS applied for a writ of habeas corpus for him to be released from further detention at the Taiping prison. Instead of using his name as MS, he now uses the name CS. His application is premised on the following grounds-

(i) He is not Maniam a/l Santhiran (MS) as arrested, investigated, charged, tried, convicted and sentenced to death by the High court at Taiping, vide Perak Criminal Trial No 45-3-02, which was upheld by the court of Appeal (Criminal Appeal No A-05-125-2006) and Federal court (Criminal Appeal No 05-142-2009(A)).

(ii) That he is in fact Chandrasegaran a/l Sunthiran (CS).

(iii) This is so because he has now obtained a new identity card with number 670502-08-6549.

(iv) Thus he prays for his release pursuant to s 365 CPC as he finds his further detention at the prison to be illegal, since he is not MS as identified in the WC but now CS.

[8] To the contrary, the respondents to the writ of habeas corpus application, namely, Pengarah Penjara Taiping and Kerajaan Malaysia, contends that CS is in fact the accused MS who was arrested, investigated, charged, tried, convicted and sentenced to death by the High court at Taiping vide Perak Criminal Trial No 45-3-02. The conviction and sentence was later upheld on appeal to the court of Appeal vide Criminal Appeal No A-05-125-2006 and Federal court vide Criminal Appeal No 05-142-2009(A).

[9] It was CS, the applicant, whom on his own volition had