KUALA LUMPUR: The High Court here today set May 26 to hear an application by the children of cosmetic millionaire Datuk Sosilawati Lawiya for leave for a judicial review to compel the National Registration Department (NRD) to issue a death certificate for their mother who was killed in 2010.
Senior Assistant Registrar N. Arun set the date in chambers in the presenceÂ of Federal Counsel Haryati Ahmad, representing NRD, and lawyer Norehan Asmaran,Â who represented the children.
Haryati told reporters that the court also set Mat 19 for case management toÂ enable both parties to file their affidavits.
The children — Erwan Suwari Rizuwan Buhari, 29, Md Erwan Nasri, 28, ErniÂ Erinawati Sofia, 26, Erni Rineelawati, 25, and Siti Nur Fatimah, 18 — filed theÂ application on Sept 24 last year, naming NRD as the respondent.
They are seeking, among others, an order to dismiss the NRD’s decision onÂ July 25, 2014, not to issue a death certificate for Sosilawati, who wasÂ killed in a plantation in Banting, Selangor.
In a letter to NRD, the children stated that they needed the deathÂ 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 anÂ oral explanation, said that a death certificate could not be issued forÂ Sosilawati as no body had been found and as provided under Section 18 of theÂ Births and Deaths Registration Act 1957, if no body was found, the person wouldÂ be assumed to be missing.
He stated that because of that NRD said Section 108 of the Evidence ActÂ would be applicable where if a person could not be found or contacted afterÂ seven years could he/she be regarded as dead and a declaration of death could beÂ made.
However, Erwan Suwari Rizuwan said there were special circumstances in herÂ mother’s case as the court could declare her dead based on the testimony andÂ evidence brought up in her murder trial, even if her body was not found and theÂ seven year period had not passed.
The NRD, in a letter dated July 25, 2014 to Sosilawati’s family, stated thatÂ the registration of Sosilawati’s death could only be considered after theÂ disposal of the appeal case of the four accused in her murder by the Court ofÂ Appeal.
The Court of Appeal had fixed five days, beginning May 18 to hear theÂ appeal.
On May 23 last year, the Shah Alam High Court sentenced to death a formerÂ lawyer, N. Pathmanabhan, and his three plantation workers — T. Thilaiyalagan,Â R. Matan and R. Kathavarayan, 33 — after finding them guilty of murderingÂ Sosilawati, 47, bank officer Noorhisham Mohamad, 38, lawyer Ahmad Kamil AbdulÂ Karim, 32, and Sosilawati’s driver, Kamaruddin Shamsuddin, 44.
They were charged with committing the offence at Lot 2001, Jalan TanjongÂ Layang, Tanjung Sepat in Banting between 8.30 pm and 9.45 pm on Aug 30, 2010.–BERNAMA