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2020 MarsdenLR 619
HIGH COURT (TAIPING)
MUNIANDY KANNYAPPAN, J
Pendakwa Raya – Plaintiff
Versus
Chandrasegaran Sunthiran – Defendant
CRIMINAL APPLICATION NO AB-44-10-05/2019
The court held that a change in identity after conviction does not negate the validity of the original trial and Warrant of Commitment, emphasizing res judicata principles.
Headnote:(A) Criminal Procedure Code (Act 593) - Sections 281 and 365 - Application to amend Warrant of Commitment for a death sentence - The court held that the identity of the accused must be consistent throughout legal proceedings - Recognition that changing an identity post-conviction does not alter the original trial findings - Warrant of Commitment correctly issued in the name of the accused as presented during trial. (Paras 22-39)
(B) Res judicata - The court found that the conviction and sentence were concluded matters and could not be revisited - Emphasis on the right to an end to litigation once decisions have been made in higher courts. (Paras 22-29)
(C) Writ of Habeas Corpus - The court determined that a writ does not apply to those awaiting execution under a judgment of a competent court - Previous identity use did not invalidate the conviction. (Paras 37-39)
| Table of Content |
|---|
| 1. criminal applications heard together (Para 1 , 2 , 3) |
| 2. background on accused ms's conviction (Para 4 , 5 , 6) |
| 3. habeas corpus application by cs (Para 7 , 8 , 9) |
| 4. change of identity-related facts (Para 10 , 11 , 12) |
| 5. identities and affidavits regarding ms and cs (Para 13 , 14 , 15) |
| 6. dispute over incorporation of previous court records (Para 16 , 17 , 18 , 19 , 20 , 21) |
| 7. law on finality and review of judgments (Para 22 , 23) |
| 8. limitations on altering warrants of commitment (Para 24 , 25 , 26 , 27 , 28) |
| 9. proof of crime and identity consistency (Para 30 , 31 , 32) |
| 10. implications of using different identities (Para 34 , 35 , 36) |
| 11. decision on application to amend warrant (Para 37 , 38 , 39) |
JUDGMENT
Preface
[1]As backdrop, there are two applications in the case involving the respondent which were heard together by this court. The subject matter of this appeal pertains criminal application No. AB-44-10-05-2019, wherein the Public Prosecutor vide application dated 16.5.2019 prays for leave to make an application to alter and amend the name and identity card number (IC) on the Warrant of Commitment (WC) under Sentence of Death with Serial No. 23904 dated 14.9.2006, from Maniam a/l Santhiran (MS) NRIC No. A1255336, who is currently a prisoner in the death row to Chandrasegaran a/l Sunthiran (CS) with NRIC No. 670502-08-6549. The application is supported by the affidavit of Haji Azhar bin Mokhtar affirmed on 16.5.2019 together with six other affidavits. (See Enclosure 2, 3, 4, 8, 9, 10, 11 to Application No. AB-44-10-05/2019)
[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 section 374 Criminal Procedure Code (Act 593; CPC )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 14.9.2006 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 section 365CPC
[8]To the contrary, the respondents t
