PUTRAJAYA: The Taiping High Court has ordered two youths to be detained at the pleasure of the Sultan of Perak for the 2019 murder of the girl's brother.
Judge Noor Ruwena Md Nurdin found the boy and the girl guilty of murdering her 17-year-old brother only identified as SM, at a house in Kamunting, Taiping, Perak between 3pm and 6pm on July 5, 2019.
However, she said that as they were children at the time of the offence, the court ordered them to be detained at the pleasure of the Ruler of Perak as provided under Section 97(2) of the Child Act 2001.
The boy was 15 years old and the girl was 14 years old when they committed the offence. They are now 22 and 21 years old, respectively.
In her grounds of judgment dated Thursday (April 16) uploaded in the judiciary's website, Judge Noor Ruwena said the prosecution had proven its case beyond a reasonable doubt.
She described both accused as intelligent and aware of their actions.
"The male accused could not get anyone to drive a car to dispose the body elsewhere and they just left it near the crime scene after making some effort to cover the body so it would not be discovered immediately," she said.
She said there were pre-meditated acts, with preparations made by the perpetrators to attack and incapacitate the victim before delivering the fatal blow.
"The deceased bled to a slow death as the fatal injuries did not cut the main artery. I cannot imagine the pain, despair, the helplessness that the deceased must have felt as he slowly bled to death.
She added that their murderous acts were very serious and she would not have hesitated to pass the death sentence upon them if they had been adults when the crime was committed in 2019.
Judge Noor Ruwena said the court must show its abhorrence at such a grave and vicious crime committed upon the girl's own brother, adding that a life has been lost tragically and unnecessarily and the child offenders must now pay for their crime.
Based on the facts of the case, the deceased's remains, wrapped in a comforter and plastic bag, were found at the backdoor of a neighbour's house. Both of his hands were tied. A forensic pathologist testified that the deceased died of excessive bleeding due to a stab wound on the latter's neck.
Judge Noor Ruwena said both of the accused claimed they could not have committed the murder due to their size as compared to the deceased.
"I agree with the expert opinion that given the right opportunity (and may I add, 'brains') even a smaller built person could overpower a bigger opponent and incapacitate him, and then deliver the fatal blow," she said.
Both accused have filed their respective notices of appeal to the Court of Appeal against this High Court's decision. - Bernama
