PUTRAJAYA: The Federal Court has dismissed the appeal of a Bangladeshi man who sought to reduce his 35-year prison sentence for the murder of his Filipino girlfriend.
The three-member panel, including Court of Appeal president Abang Iskandar Abang Hashim and Federal Court Judges Harmindar Singh Dhaliwal and Abdul Karim Abdul Jalil, upheld the sentence and 12 strokes of the cane imposed on Md Masud Rana on Tuesday (July 23).
"There is no merit in this appeal. We find the sentence passed by the Court of Appeal adequate and not manifestly excessive," said Justice Abang Iskandar.
On Sept 27 last year, the Court of Appeal commuted the death sentence imposed on Md Masud to 35 years imprisonment and 12 strokes of the cane for killing Condo Liezyl Ponce at his rented room on Jalan Beladau 26, Taman Puteri Wangsa, Ulu Tiram, Johor Baru, between 4am and 6.40am on Dec 23, 2016.
Md Masud’s court-appointed counsel, Bustaman Menon Abdul Hamid Menon, contended that the murder occurred after a fight between the couple, describing it as a crime of passion fuelled by alcohol and jealousy.
Bustaman also argued that the sentence was manifestly excessive and that the murder was not premeditated.
Deputy Public Prosecutor Zulkpli Abdullah countered that the 35-year jail term was an adequate sentence considering the brutal nature of the crime, emphasising the deceased sustained 40 incisions as well as seven slashes that penetrated her skull.
"The appeal against the sentence reminds me of the Malay proverb 'Diberi betis hendak peha' (Give them an inch and they'll take a mile). He should be grateful his death sentence was commuted to a custodial sentence,” he said.
Md Masud, a 40-year-old labourer, was found guilty by the High Court on Oct 10, 2019, of killing his 28-year-old girlfriend.
He withdrew his appeal in the Court of Appeal against the murder conviction but continued to challenge his death sentence in light of the Abolition of Mandatory Death Penalty Act 2023.
Enacted last year, this Act abolished the mandatory death penalty and gives the court discretion to impose either the death penalty or imprisonment for a term of not less than 30 years and not exceeding 40 years.
On Sept 27 last year, the Court of Appeal commuted his death sentence to a 35-year jail term and 12 strokes of the cane. – Bernama
