SHAH ALAM: The High Court ordered a juvenile found guilty of murdering her stepmother two years ago to be detained at the pleasure of the Sultan of Selangor.
High Court Judge Datuk Akhtar Tahir meted out the sentence after going through the probation report on her by the Welfare Department.
On April 15, the teenager and her step-sister, Zahidah Ahmad, 27, were found guilty by the court of murdering Tanziah Zainuddin, 72, at No. 2, Lane Kiai Sujak 20B, Taman Sri Wangi, Kapar, Klang at 5.30pm on July 14, 2012.
They were jointly charged under Section 302 of the Penal Code read together with Section 34 of the same code, which carries the mandatory death sentence.
Judge Akhtar sentenced Zahidah to death while the punishment of the teenage girl was suspended pending the probation report as at the time the offence was committed she was under the age of 16 years.
In his judgment, the judge said although the court found the teenage girl committed the offence fully conscious, not forced or induced, the court was bound by the provisions of Section 97 of the Child Act 2001, as the offence was committed when the girl was 16 years old.
"The court finds the accused actively participated together with the main accused (Zahidah), therefore, I think the age should not be a fact for this offence.
"If given an equal sentence, she should be sentenced to death but looking at the age, the law does not allow the death penalty, and it is clear under Section 97 of the Child Act 2001, I am bound with this provision," he said.
On the probation report, he said, the teenage girl was found to have grown up in a family structure that was not perfect after his biological parents died.
But Akhtar said the probation report did not show any leads to the murder, especially when she was given equal treatment as her other siblings by her stepmother.
"Her biological mother was the fourth wife and after her parents died, she did not have anyone to depend on and she was taken care off by her stepmother and other siblings.
"She was perfectly taken care off, given love and there was no reason for her to kill her stepmother," he said.
Fourteen prosecution witnesses and three defence witnesses appeared in the trial, with the prosecution was conducted by Deputy Public Prosecutor Iswa Tonie while the teen was represented by counsel Tan Teck Yaw.
Initially the death of the religious teacher was classified as sudden death.
However, three days after her funeral, one of the family members found the victim's jewellery missing and lodged a police report.
The grave of the victim was exhumed and autopsy results found she had died of suffocation. - Bernama
Limited time offer:
Just RM5 per month.
