I, Charles Suresh Morais (NRIC No.620427-10-5707), a Malaysian citizen of full age and residing at 4789 Ashford Dunwoody Road, Suite A 137, Atlanta, Georgia 3038, USA do hereby solemnly and sincerely declare and state as follows:
1. I am one of four siblings and the younger brother of Anthony Kevin Morais (Kevin), now deceased. My other brothers are David Ramesh Morais (David) and Richard Dilaan Morais (Richard). They are both younger than me. I have no sisters.
2. All four siblings were born in Kuala Lumpur. My father was the Deputy Director (Licensing) RTM. When I was about 10 years old my father was posted to Ipoh and so the whole family moved there. My mother and father lived in Ipoh until they passed away. Before my father’s posting to Ipoh, he had been transferred to Kluang and Malacca for 3 year stints each.
3. I attended the Anderson School in Ipoh until I finished Form 5. After that I was sent to India to do a pre-university course at the Christ College Bangalore. After completing my pre-university course, I attended the University of South Alabama, USA, to pursue a degree in computer Science and Business Management. That was in 1984. I have remained in the USA since.
4. I am now a successful businessman in Hotel investments in the USA and also in IT. I live in Atlanta, USA, and I have one son. I am divorced from my wife.
5. I have always been very close to Kevin, more so than Richard and David. I used to return to Ipoh from time to time from the USA to visit my parents and Kevin. Richard and David lived in Kuala Lumpur. Kevin started off as a Magistrate in Sungai Siput in the 1980’s after he had completed his chambering with a firm of solicitors in Ipoh.
6. Kevin was promoted from a Magistrate to the Registrar of the Ipoh High Court where he remained until about the year 2000, after my mother passed away. He was then transferred to Kuala Lumpur as the Deputy Registrar of the Kuala Lumpur High Court, I believe. My father had passed away in 1990. Kevin stayed with my mother whilst he was in Perak.
7. I used to communicate with Kevin very often by phone and email. He used to confide in me as he felt closer to me than my other brothers.
8. Kevin had studied law in London at the Holborn Law Tutors in the early 1980’s. For a while he lived with our cousin, Kenneth Shankar (aka Jamie), who was a businessman there. After that he shared an apartment with a couple of my other cousins.
9. Kevin often used to visit one of my other distant relatives, Helen Lobo, who was a nurse working in London and who had a family there. Helen looked after Kevin’s welfare and even paid some of his tuition and living expenses. Helen was from Kluang. She was a student at the convent in Kluang and my mother was her teacher in Form 5. Because Helen came from a large family in cramped living conditions, my mother took her into our home when we lived in Kluang.
10. Helen had a younger brother called Jibby. He lives in New Zealand now. I knew Jibby very well. He was about 2 years older than Kevin. He also used to stay with us in Kluang and used to babysit us when we were in primary school. Kevin and I were very close to both Helen and Jibby. They used to visit us often after we moved to Malacca and Ipoh. We considered them part of our family.
11. When Kevin was a Magistrate in Sungai Siput, Richard was arrested a couple of times for gang related activities. My mother had to bail him out. Richard was even arrested in Kuala Lumpur after that for other criminal activities. My mother kept all this from Kevin as she was worried he would become angry if he knew what Richard had been getting up to.
12. Sometime after that, my mother discovered that Richard had borrowed money from one of her friends in Ipoh to fund his trip to Hong Kong where he said he wanted to take music lessons. Unfortunately Richard did not take up music lessons but worked in a hotel in Hong Kong instead. He got married to a Philippina girl but got into trouble again and was deported after being arrested, charged and jailed. My mother had to pay to secure his release from the police. Richard is prohibited from returning to Hong Kong by the authorities there. This occurred in about 2004.
13. I told Kevin what Richard had been up to after his return from Hong Kong. He was very angry and distanced himself from Richard. Kevin had never spoken to Richard since 2004 up until his demise in September 2015.
14. Richard thereafter set up a business in Kuala Lumpur selling pianos in Bukit Bintang and Ampang. He got into financial trouble constantly and had asked me to bail him out twice, which I did. Richard has unfortunately become associated with underworld characters in Kuala Lumpur and has become involved in criminal activities. He constantly borrows money from people I know and does not repay these loans. The police have arrested him a number of times for a variety of allegations ranging from criminal intimidation to sexual misconduct.
15. Sometime in September 2013, I was in Atlanta at a dinner function when I received a call from Kevin who was very distraught. Kevin told me that he had received a telephone call from the police informing him the IGP wanted to see him the next day. Kevin at this stage was a DPP with the MACC or AG’s Chambers. He was told that Richard had been seen leaving the scene of the Najadi murder at Bukit Ceylon in July 2013 and the IGP wanted to know what Kevin knew about this. Kevin informed the IGP that he had not been in contact with Richard since 2004 and knew nothing of this.
16. At the same time Kevin had disassociated himself from Richard in 2004, he did the same with David. This was because David and Kevin had a confrontation over some personal issue which led to their estrangement. Therefore Kevin had not communicated with both Richard and David from 2004 until his demise in September 2015.
17. From 2004 until 2015, the only sibling Kevin communicated with was me. We became very close during this period, having lost both our parents and being isolated from Richard and David.
18. For 2 years prior to his death, Kevin used to phone me in the USA at least 2-3 times a month and we used to correspond by email constantly. He used to share his work issues with me and his trips to London and other places. He also discussed current cases he was handling and the problems he was facing in prosecuting some of them.
19. About 5 months before his demise, Kevin told me he was retiring from Government Service and wanted to move to London, spending 6 months there and 6 months in Malaysia. His intention was to teach or consult. He had been bequeathed an apartment in London and so he had a permanent residence there.
20. Kevin was in the habit of keeping me informed every time he travelled overseas and when he returned to Malaysia. This was by email and by phone. He insisted I knew his whereabouts at all times.
21. I was concerned that Kevin was a defendant in a civil suit brought against him by a lawyer known as Rosli Dahlan. I was worried he would not be able to afford to pay for good legal representation and I had offered to pay this for him. He declined my offer as he said the Attorney General and he had good legal representation already and not to waste my money.
22. Two to three months before Kevin’s demise, he told me that he was working on a case involving The Prime Minister and his wife. He said the Prime Minister was a terrible guy but that his wife was worse. He actually used the words ‘kolata ala’. These were Malayalam words and translated into English mean ‘a person up to no good’. He told me his phone might be tapped and to be careful what I said. That is why half of our conversations were usually in Malayalam.
23. In early August 2015, Kevin went to London. He told me he was going to renovate the apartment he had been bequeathed, situated in Bromley, Kent. He was there from the 3rd August to the 15th August. He told me he had to get out of Malaysia for a while because his second attempt to retire from the Government Service had been rejected and he was feeling the pressure of the work he was involved in at that time.
24. He emailed me when he got back from London after the 15th August with photographs of the apartment. He then called me and asked me if I would come back to Malaysia as soon as possible and kept telling me his phone was tapped. He sounded very depressed. He said he would courier something to me and to watch out for it as he wanted me to keep it in safe custody.
25. This was the last call I received from Kevin and was about a week before he went missing.
26. On Saturday the 5th September, I received an email from a friend in Kuala Lumpur informing me Kevin had been missing since the day before. I immediately tried reaching the Attorney General’s Chambers in Putra Jaya and was eventually referred to a Chinese lady who knew that Kevin and I were very close. She had served in Ipoh as a Sessions Court Judge. Her name is Alice Loke. She told me that everyone was looking for Kevin.
27. I then called Tan Sri Gani Patail on his mobile phone, (which I had obtained from a reporter). He reassured me that they were looking for Kevin and that they would find him. Tan Sri Gani Patail sent me an sms after that which read “thank you very much, I will ensure that the authorities will keep you posted”. This was on the 7th September 2015. This sms is still stored in my mobile phone.
28. As I had not received an update, I sent Tan Sri Gani Patail another sms on the 12th and 13th September 2015 pleading with him for his help to find Kevin and he responded on the 13th saying “please remain calm, I am not working there anymore. What I have been told is that the police are working relentlessly on the matter”.
29. I responded in an sms “I understand you are not working there. Unfortunately I have minimum confidence in the police. 4 days before they checked the CCTV cameras. However I thank you for responding. I won’t trouble you anymore”.
30. When I first sent the sms to Tan Sri Gani Patail, I had no idea he had been dismissed as the Attorney General. I only realized this later.
31. When I heard that Kevin’s body had been found on the 16 September 2015, I booked a flight from Atlanta to New York and then to Singapore, arriving on or about the 23rd September. I was picked up from the Changi airport by family members and driven straight to the mortuary at the Hospital Kuala Lumpur.