SHAH ALAM - A murder charge can still be pursued even without a body, according to legal experts, citing precedents in Malaysia and Singapore.
They said sufficient circumstantial evidence could result in a conviction, as long as the prosecution presented a strong case based on the available facts.
Criminal lawyer Datuk Sheelan Arjunan said the absence of a body does not prevent authorities from charging and convicting someone of murder under Section 302 of the Penal Code.
"They can be charged and convicted for murder (Section 302) regardless of whether the body is found because the finding of the body is not a prerequisite for a murder charge.
"The prosecution also does not need to reduce the charge if they can gather enough circumstantial evidence to support a murder charge," he told Sinar Daily.
Sheelan highlighted that the most well-known Malaysian case of this nature was the murder of businesswoman Datuk Sosilawati Lawiya.
Despite only recovering bones, the court convicted four men for her murder and the killing of three others.
In cases where no body was found, he said the court could rely on surrounding circumstantial evidence to establish the accused's guilt.
"This includes testimonies from family members and other witnesses, telecommunication records, the conduct and possible motives of the accused, evidence discovered by the police or revealed by the accused themselves as well as forensic and medical reports from experts," he said.
He also cited the well-known Singaporean case of Sunny Ang, who was convicted of murdering his girlfriend during a scuba diving trip, even though her body was never recovered.
Sheelan said high-profile cases like these, which attracted significant public attention often increased the likelihood of murder charges being pursued.
However, he said the police could not solely rely on suspects' confessions to build their case.
"The police cannot just rely on the statement of the suspects to charge them for murder as those statements are not admissible in court to prove the guilt of the suspect unless it is recorded pursuant to Section 26 of the Evidence Act 1950," he said.
Echoing Sheelan's views, lawyer Salim Bashir stressed the importance of circumstantial evidence in murder trials without a body.
"In murder cases, a crime can be proven even without the recovery of the victim's body, but it is the prosecution that bears the burden of proving that a murder has occurred.
"It can be proven by evidence that is not direct but needs various facts to form chains of evidence that fastens relevant facts in an issue that is strong enough to convict a person," he said.
Salim added that the conviction must be based on facts that formed a logical narrative pointing to the guilt of the accused, not mere speculation.
He also referenced the Sunny Ang case and noted how it was a precedent-setting decision, where it resurrected the principle of "corpus delicti" (body of the crime).
Although no body was found, the surrounding evidence was strong enough to secure a conviction, said lawyer Alex Anton Netto.
He acknowledged the challenges of prosecuting a murder case without a body but emphasised that it was not impossible.
"It's challenging to say the least to charge someone for murder in the absence of a dead body but that being said, there is precedence for a murder charge without a dead body in the famous Singaporean case of Sunny Ang way back in 1963," he said when contacted.
Alex said the prosecution needed to present evidence that was beyond doubt, piecing together the suspect’s actions, motives and other critical elements that pointed to guilt.
Just like Sunny Ang's case, he said there must be strong evidence and not mere circumstantial or hearsay evidence to support a charge for murder without a dead body.
On Sept 30, it was reported that the mystery surrounding the disappearance of retired Felcra financial officer Sabari Baharom, 62, in Baling, Kedah has been unravelled after police arrested two men suspected of murdering the victim.
Kedah police chief Datuk Fisol Salleh said during interrogations, the suspects revealed that Sabari was thrown into the Padang Terap river in Jitra with his hands bound and mouth taped shut.