Murder: Man fails in appeal against the death sentence

Kota Kinabalu: A 36-year-old Filipino failed in his appeal against his death sentence for murdering a man in Lahad Datu six years ago.Court of Appeal Justices Datuk Lim Yee Lan, Dato' Abdul Rahman Sebli and Puan Sri Zaleha Yusof dismissed Norol Rojik Jun's appeal ruling the court found no merit in the ground raised by him.

"The court finds that the conviction of the appellant is safe. Therefore the appeal is dismissed," held Lim after hearing argument from Norol's assigned counsel Abdul Ghani Zelika and the prosecution as the respondent.

Norol was on Feb 4, 2016 sentenced to death by the Tawau High Court after he was found guilty of murdering one Persie Santos Cayanong, 40, at 7.30am on Nov 12, 2011 on the second floor of a premises along Jalan Singahmata, Lahad Datu.

Abdul Ghani had earlier raised among others in the appeal that the High Court judge misdirected herself when she failed to consider Norol's unsworn statement in his defence and that the previous assigned counsel, during the trial, was incompetent because there was evidence that Norol could be acquitted or convicted on a lesser charge.

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Deputy Public Prosecutor Ahmad Sazilee Abd Khairi rebutted that the High Court judge had considered Norol's defence and submitted that just because Norol opted to give an unsworn statement, it did not mean that the counsel handling the case was incompetent.

In another case, the court dismissed the appeal by a 38-year-old local man against his sentence of 20 years for causing the death of his wife.

The court held that the lower courts had considered all factors in meting out the sentence to Mohd Asmil Abbas and that there were no reasonable grounds for the court to allow his appeal.

Asmil, a salesman, was on July 3, 2015 found guilty by the Sessions Court here for committing the offence on one Sirasah Musa, 24, at 5pm on Sept 1, 2013 in a house at Kg Somboi, Kinarut, Papar.

The offence under Section 304(a) of the Penal Code carries a jail term of up to 30 years and liability of a fine on conviction.

Asmil's appeal against the sentence was rejected by the High Court on April 29, 2016.

Earlier, Asmil who was not represented said he regretted his act and requested a second chance to change his life, adding that he wanted to see his three children grow.

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However, Deputy Public Prosecutor Tetralina Ahmed Fauzi, submitted that the sentence was appropriate and not excessive considering the fact that the wife's liver was damaged as a result of being beaten by Asmil.

"Asmil's act was cruel. He is supposed to protect the wife and make their house a sanctuary," submitted Tetralina, adding that, even though Asmil brought Sirasah to the hospital, he had introduced himself as her brother which appeared that he did not show any remorse. - Jo Ann Mool

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