PUTRAJAYA: The Federal Court has upheld the 35-year jail sentence and 24 strokes of the cane imposed on an unemployed man convicted of causing the death of his younger brother and an aunt nine years ago.
On Wednesday (Nov 26), a three-judge panel of the Federal Court, chaired by Justice Datuk Nordin Hassan, unanimously dismissed the final appeal by Azman Wahab, 41, to set aside the conviction and sentence handed down by the Court of Appeal on Nov 14 last year.
"The court dismisses the appellant's application to introduce new evidence.
"His appeal to set aside the conviction and sentence handed down by the Court of Appeal is dismissed, and the conviction and sentence of 35 years and 24 strokes of the cane is upheld," he said.
The other two judges were Justices Datuk Seri Vazeer Alam Mydin Meera and Tan Sri Ahmad Terrirudin Mohd Salleh.
ALSO READ: Unemployed man gets 35-year prison term, whipping for murder of brother, aunt
Earlier, lawyer Ai Cha Ran, representing Azman, requested to submit new evidence, namely three reports related to the case, to support the appeal.
However, deputy public prosecutor Siti Rafidah Zainuddin objected, saying that the reports were not new evidence as they had been presented in court during the trial.
On Aug 25, 2022, the Alor Setar High Court convicted Azman on a charge of causing death under Section 304(b) of the Penal Code and sentenced him to 16 years in prison.
However, on Nov 14 last year, the Court of Appeal found there was merit in the prosecution's appeal to convict Azman on the original charge of murder under Section 302 of the Penal Code.
It then set aside the High Court decision, and sentenced Azman accordingly.
Azman was convicted of killing his younger brother, Muhammad Azwan, 26, in the living room of their house in Kampung Lanai, Parit Panjang, Baling, Kedah, at 11am on Oct 2, 2016.
He was also found guilty of killing their aunt Rokiah Abdullah, 54, outside the same house at 11.10am the same day.
Section 302 of the Penal Code provides the death penalty, or between 30 and 40 years' jail with up to 12 strokes of the cane, upon conviction. – Bernama
