Athimulan a/l Muruthiah

On the court record

Athimulan a/l Muruthiah appears in the reported corpus as counsel in appellate and review litigation, with a notable appearance at the Federal Court on the extraordinary review jurisdiction. He was engaged as intervener in a Federal Court matter invoking rule 137 of the Rules of the Federal Court 1995 and the inherent powers of the court, directed at ensuring that all sentences passed are in accordance with law and at avoiding a miscarriage of justice in exceptional circumstances, where fresh evidence bearing on the matter was in issue. This engages the narrow but important jurisdiction by which the apex court may reopen a concluded matter to prevent injustice.

His reported work also reaches anti-corruption and civil limitation. At the Federal Court he appeared as respondent's counsel in a matter on the presumption under section 50(1) of the Malaysian Anti-Corruption Commission Act 2009, under which, once the receipt of money is established, it is presumed to have been received corruptly on account of the matters set out in the charge, shifting the burden to the accused — a presumption central to the proof of a corruption case. In a civil matter he was engaged on limitation, and in particular when a cause of action accrues and time begins to run in a claim for breach of the duty of care and professional negligence — whether from the date of the impugned agreement or from the date of the infringement of the claimant's rights. Across these reported decisions his work spans the review jurisdiction of the apex court, the statutory presumptions of anti-corruption law and the accrual of a cause of action in negligence, marking Athimulan a/l Muruthiah as counsel engaged in appellate, criminal-review and civil litigation. Across these reported decisions his work reaches from the apex court's power to reopen a concluded case, through the statutory presumptions that shape a corruption trial, to the accrual of a cause of action in negligence, marking an appellate and review practice concerned with the outer limits of the courts' jurisdiction and the fairness of the process.