PUTRAJAYA: The Federal Court has dismissed an appeal by a 22-year-old man against his conviction and sentence for the murder of 23 people in an arson at a tahfiz centre, Darul Quran Ittifaqiyah, almost seven years ago.
In a unanimous decision, Chief Justice Tengku Maimun Tuan Mat, who chaired a three-judge bench, said there the conviction was safe and there was no reason that warranted an intervention from the apex court.
“We therefore affirm the conviction and sentence of the High Court, which was upheld by the Court of Appeal,” she said here on Thursday (March 21).
Two other judges on the panel were Justices Hasnah Mohammed Hashim and Nordin Hassan.
The name of the appellant, who is known as "PKK1" in the proceedings, is withheld as he was 16 at the time of offence.
As a result of the Federal Court's decision, the man will continue to be detained at the pleasure of the Yang di-Pertuan Agong.
The top judge also said that trial judge, Justice Azman Abdullah (now a Court of Appeal judge), made a finding regarding the credibility of witnesses, particularly the two child witnesses (SP 68 and SP 69), and also found the circumstantial evidence presented by the prosecution was sufficient to convict the youth for the offence.
“We find there is no compelling reason for us to disturb those findings,” CJ Tengku Maimun said.
On the issue of the appellant's alibi, which his lawyer Haijan Omar had said raised a reasonable doubt on the prosecution’s case, CJ Tengku Maimun said the law was clear that where there was no ill motive, the defence of alibi cannot prevail over-identification.
In this case, she said the ill motives of sp 68 and sp 69 were not shown.
The appellant had produced an alibi notice before the High Court trial began by stating that he could not be inside the tahfiz centre as he was outside the centre smoking ganja.
This defence, however, was dismissed by the High Court.
On Aug 17, 2020, the High Court convicted the youth of the murder offence and ordered that he be detained at the pleasure of the Yang-di-Pertuan Agong.
Under Section 97(1) of the Child Act 2001, it stated that a death sentence shall not be pronounced or recorded against a person convicted of an offence if the child is under the age of 18, and in lieu of the death sentence, as provided under Section 97 (2) of the same law, the court shall order the person to be detained at the pleasure of the Yang di-Pertuan Agong.
The youth filed an appeal but it was by the Court of Appeal on Sept 11, last year.
Another 22-year-old youth, who was also 16 at the time of the offence, was acquitted by the High Court for murder in the same arson incident.
The prosecution appealed against the acquittal but it was dismissed by the Court of Appeal and it did not appeal against the appellate court's decision.
Pusat Tahfiz Darul Quran Ittifaqiyah, which is located in Kampung Datuk Keramat in Wangsa Maju, burned down in the incident on Sept 14, 2017.
