PUTRAJAYA: A former soldier escaped the gallows after the Federal Court, in a 2-1 majority decision, commuted his death sentence to 40 years' imprisonment and 12 strokes of the cane for the murder of his nine-year-old daughter eight years ago.
A three-judge panel comprising Justices Nordin Hassan, Vazeer Alam Mydin Meera, and Mohd Nazlan Mohd Ghazali upheld the conviction of Mohammad Abdullah Mohamed, 44, under Section 302 of the Penal Code.
Delivering the majority decision, Justice Nordin said the court found no miscarriage of justice in the earlier rulings.
"The court finds no miscarriage of justice in the earlier court decision convicting the appellant. Therefore, the conviction under Section 302 of the Penal Code is upheld," he said.
On sentencing, Justice Nordin disclosed that he dissented from the majority, maintaining that the death penalty should have remained.
However, Justices Vazeer Alam and Mohd Nazlan ruled that the death sentence should be substituted with 40 years' imprisonment from the date of arrest on Jan 31, 2018, and 12 strokes of the cane.
"You are fortunate that the majority of the panel agreed to substitute the death penalty with a prison sentence," Justice Nordin told the appellant.
On Aug 22, 2023, the Seremban High Court sentenced Mohammad Abdullah to death after finding him guilty of murdering Nur Aina Nabihah, nine, at a house in Taman Vista Jaya, Lukut, Port Dickson, between 8.30pm and 11.30pm on Jan 31, 2018.
The Court of Appeal upheld both the conviction and the death sentence on June 26, 2025.
Earlier, lawyer Afifuddin Ahmad Hafifi, representing Mohammad Abdullah, argued that the conviction was unsafe because the trial court had relied on the testimony of the prosecution's 18th witness (SP18), the victim's elder brother, without first conducting a competency assessment.
He submitted that intelligence alone was insufficient to establish a witness's competence to testify under oath and urged the court to give his client a second chance.
Afifuddin also told the court that the appellant had taken the victim to hospital for treatment.
Deputy Public Prosecutor Datuk Wan Shaharuddin Wan Ladin countered that SP18, who was 15 when he testified, clearly understood the questions posed during the trial and was a competent witness.
He said SP18 testified that he and the victim were punished by their father for failing to perform their prayers, with both children ordered to do 500 push-ups and sit-ups.
"When the victim could no longer continue, the accused allegedly kicked and stomped on her abdomen, causing her pancreas to rupture. She also suffered broken ribs, signs of strangulation on her neck, blunt force trauma to the head, and a total of 23 external injuries," he said.
Wan Shaharuddin argued that the brutality of the abuse and the appellant's lack of remorse meant he did not deserve a second chance, adding that the public expected the death penalty in such circumstances.
Speaking to reporters after the proceedings, Wan Shaharuddin said the prosecution accepted the Federal Court's decision.
"I am grateful the court imposed a 40-year prison sentence. While serving that sentence, he must reflect on what he did to his child. That is worse than the death penalty," he said. - Bernama
