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GEORGE TOWN: In sentencing a 36-year-old woman and her boyfriend to death for the murder of her son six years ago, the Supreme Court of this country held that it was incredible that she did nothing to protect the child from a fatal wound.
Judicial Commissioner Datuk Ahmad Shahrir Mohd Salleh, in his decision, said it was unreasonable for T. Gayathry not to react to protect his five-year-old son, who was his own son.
“He was of her own flesh and blood and as a mother, she would have sprung into action even if it meant putting her life in danger.
“She was alone for four hours when the body was removed; she could have gone out for help. “She didn’t even cry for help,” he said while reading his decision in Superior Court here yesterday. Gayathry and R. Saravanan Kumar, 30, were found guilty under Section 302 of the Penal Code of murdering S. Kaviarasan at a home in Taman Keladi, Kulim between September 20 and September 27, 2014.
Kaviarasan is Gayathry’s only son and doctors found that he died from blunt force trauma to the head.
JC Ahmad Shahrir said that Gayathry, who had previously filed a police report claiming her son was missing, could have told police that her boyfriend had beaten his son, but did not.
“She claimed that the boyfriend was waiting in the car while she made the report, but made no attempt to alert the police to his wrongdoing.
“By Gayathry’s own admission, she did not stop her boyfriend from beating her son, which shows that she did not protect the boy,” she said.
He said that Saravanan’s alibi that he was not at the scene at the time of the incident was inadmissible as he did not give notice of his alibi under the Code of Criminal Procedure. “The prosecution has proven their case,” she said before sentencing them to death. .
During the trial, Gayathry, in his defense, blamed Saravanan for beating Kaviarasan to death with a chair leg.
Saravanan, however, said in his defense that he was not with Gayathry at the time of the incident in
September 20, while working the night shift as a security guard.
In mitigation, Gayathry’s attorney, Gabriel Susayan, said his client was a victim of domestic abuse and had suffered hardship.
He said Gayathry regretted not having done anything to save his son and was sorry.
V. Parthipan, who represented Saravanan, asked the court to consider that it was his client’s first criminal charge.
Assistant District Attorney Yasinnisa Begam Seeni Mohideen said that no mother would do such a thing to her child.
“The act of killing and dumping the body is terrible and must be severely punished.
“This will be a lesson and a reminder of the seriousness of the crime,” he said.
Both lawyers said they would appeal to the higher courts.
During the trial, the court was told that Gayathry had filed a police report in Kulim, alleging that his son had disappeared near Esplanade in Penang on September 23, 2014. Kaviarasan’s body was found wrapped in a blanket and thrown in an oil palm farm. at Bukit Tengah, Butterworth.
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