KUALA LUMPUR – The five children of cosmetic millionaire Datuk Sosilawati Lawiya, who was killed in 2010, have applied for leave for a judicial review to compel the National Registration Department (NRD) to issue a death certificate for their mother.
The children — Erwan Suwari Rizuwan Buhari, 28, Md Erwan Nasri, 27, Erni Erinawati Sofia, 25, Erni Rineelawati,24, and Siti Nur Fatimah, 17, — filed the application at the High Court here last Sept 24 through a legal firm, Messrs Basharuddin Fa’izie Iskandar. They named NRD as the respondent.
The case came up for mention today before High Court Deputy Registrar Diana Md Razali, who set Nov 25 for hearing.
Counsel Mohd Iskandar Ismail, representing the children, told reporters that the case would be heard before Judge Datuk Asmabi Mohamad.
The children are seeking, among others, an order to dismiss the NRD’s decision on July 25 not to issue a death certificate for Sosilawati, who was killed in a plantation in Banting, Selangor.
In a letter to NRD, the children stated that they needed the death certificate to enable them to distribute their mother’s estate to the deceased’s next of kin.
Erwan Suwari Rizuwan, in a supporting affidavit, claimed that NRD, in an oral explanation, said that a death certificate could not be issued for Sosilawati as no body had been found and as provided under Section 18 of the Births and Deaths Registration Act 1957, if no body was found, the person would be assumed to be missing.
He stated that because of that NRD said Section 108 of the Evidence Act would be applicable where if a person could not be found or contacted after seven years could he/she be regarded as dead and a declaration of death could be made.
However, Erwan Suwari Rizuwan said there were special circumstances in her mother’s case as the court could declare her dead based on the testimony and evidence brought up in her murder trial, even if her body was not found and the seven year period had not passed.
The NRD, in a letter dated July 25, 2014 to Sosilawati’s family, stated that the registration of Sosilawati’s death could only be considered after the disposal of the appeal case of the four accused in her murder by the Court of Appeal.
The Court of Appeal had fixed five days, beginning Feb 5, 2015, to hear the appeal.
On May 23 last year, the Shah Alam High Court sentenced to death a former lawyer, N. Pathmanabhan, and his three plantation workers — T. Thilaiyalagan, R. Matan and R. Kathavarayan, 33 — after finding them guilty of murdering Sosilawati, 47, bank officer Noorhisham Mohamad, 38, lawyer Ahmad Kamil Abdul Karim, 32, and Sosilawati’s driver, Kamaruddin Shamsuddin, 44.
They were charged with committing the offence at Lot 2001, Jalan Tanjong Layang, Tanjung Sepat in Banting between 8.30 pm and 9.45 pm on Aug 30, 2010. – Bernama