Man's death sentence for murder of woman in confinement upheld

PUTRAJAYA (Bernama): The Federal Court has upheld the death sentence of a former security guard assistant for the charge of murdering a woman in confinement six years ago.

Mohd Azmirul Shamsuddin's final appeal against his murder conviction and death sentence was unanimously dismissed by a three-member bench on Thursday (Oct 21).

The bench led by Federal Court Judge Datuk Vernon Ong Lam Kiat said the decision by the High Court and Court of Appeal to convict Mohd Azmirul for murder was safe to be upheld.

"We have considered the issues carefully, the evidence and the ground of judgment of the High Court and Court of Appeal. In our mind, the main issue before us relates to the issue of the pathologist’s evidence pursuant to Section 300 (c) of the Panel Code," said Justice Ong.

He added that while the prosecution's 14th witness - pathologist Dr Karunakaran Mathiharan - did not echo the words that "the bodily injuries suffered by the deceased were sufficient in the ordinary course of nature to cause death", he did answer in certain terms that the deceased would have died due to the manner in which she was bound and gagged.

"However, the answer to the prosecution's question as to the nature of injuries, he (pathologist) did say in certain terms that the deceased would have died from suffocation due to the manner she (victim) was bound and gagged and being left under the pile of clothing. The deceased did not have any chance of surviving,” he said.

Justice Ong said based on all circumstances, the court is not persuaded by the issues raised by the defence counsel.

"Therefore, the appeal is dismissed. The conviction and sentence are affirmed," said the judge who presided with Justices Puan Sri Zaleha Yusof and Datuk Mary Lim Thiam Suan.

On Oct 15, 2018, Mohd Azmirul was found guilty and sentenced to death by the Shah Alam High Court. He lost his appeal at the Court of Appeal which was dismissed on Oct 22, 2019.

Mohd Azmirul, 42, was charged with murdering Rabiatul Adawiah Abd Aziz, 23, at an apartment in Sungai Way, Petaling Jaya, near here, at 8.22 pm on March 4, 2015.

The charge under Section 302 of the Penal Code provides for a mandatory death penalty upon conviction.

Mohd Azmirul was represented by lawyer G.C Tan while deputy public prosecutor Ng Siew Wee appeared for the prosecution. - Bernama