PUTRAJAYA: The Court of Appeal on Monday (June 8) upheld the 36-year prison sentence and 12 strokes of the cane imposed on five men, including two sets of brothers, for the murder of a man who was slashed with a sword.
A three-judge panel comprising Datuk Azman Abdullah, Datuk Hayatul Akmal Abdul Aziz and Datuk Mohd Radzi Abdul Hamid unanimously dismissed the appellants’ bid to overturn their convictions and sentences, which were handed down by the Kuala Terengganu High Court on May 9, 2024.
The five men are Aizz Amidie Aziz, 32; brothers Mohd Rizalman Awang, 36, and Zahaman Fairol, 39; as well as brothers Mohd Uwais Mat Nawi, 31, and Mohd Hafify, 30.
They were found guilty of murdering Mohd Shahrulanuar Dek Der, 22, in a swampy area at Kampung Pengkalan Nyireh, Kampung Raja, Besut, between 4.40pm and 8.30pm on June 21, 2017, under Section 302 of the Penal Code (Punishment for murder) read with Section 34 (Each of several persons liable for an act done by all, in like manner as if done by him alone).
In delivering the judgment, Justice Azman said the appeals had no merit as the prosecution’s witnesses, including a protected witness, had consistently testified that all the appellants were involved in stabbing the victim.
He said the protected witness, who was an eyewitness hiding in nearby bushes during the incident, had given a detailed account of what transpired.
"The witness’s refusal to answer certain questions that could reveal his identity did not affect the prosecution’s case. The trial judge was also satisfied that the testimony was supported by other prosecution witnesses,” he said.
Justice Azman added that the trial judge had also properly evaluated the defence’s case and found the claim that another individual committed the stabbing to be an afterthought.
He said the High Court judge was correct in concluding that the appellants had failed to raise a reasonable doubt at the end of their defence case, and therefore there was no reason for appellate intervention.
Three of the men -- Aizz Amidie, Mohd Rizalman and Zahaman Fairol -- were ordered to serve their sentences from the date of their arrest on July 11, 2017, while the remaining two will have their sentences backdated to Aug 11 the same year.
Earlier, defence counsel Datuk Hisyam Teh Poh Teik sought a reduction of the sentence to 30 years from the date of arrest, but Deputy Public Prosecutor Mohd Zain Ibrahim argued for the sentence to be maintained to serve as a deterrent.
Reports previously stated that the victim was killed following a dispute linked to the burning of a motorcycle belonging to a relative of one of the accused. — Bernama
