Killing ex-girlfriend's brother: Verdict stays
Published on: Thursday, March 23, 2017
Putra Jaya: A burger seller's conviction and death sentence over the murder of his ex-girlfriend's brother in 2010, was upheld by the Federal Court Wednesday.Mohd Firdaus Mokhtar's final appeal against the conviction and death sentence was unanimously dismissed by a five-man bench led by Court of Appeal President Tan Sri Md Raus Sharif.Mohd Faizal Mohd Zain, 27, was found dead with slash wounds on the neck and injuries on the arm, leg and chest.ADVERTISEMENT In his decision, Md Raus said there was no merit on the issues raised by Mohd Firdaus' counsel, Kitson Foong, therefore there was no reason to disturb the concurrent findings by the High Court and Court of Appeal on the credibility of the deceased' sister who was the sole eyewitness to the murder.In 2014, the George Town High Court found Mohd Firdaus guilty of the murder he was accused of committing at a house in Sungai Bakap, Seberang Prai (south), Penang about 3pm on May 3, 2010, and he lost his appeal at the Court of Appeal last year.Mohd Faizal's sister testified she saw Mohd Firdaus whipping out a 10-inch long knife from the back of his waist-band and slash the former on the neck before she left the scene, and did not inform the police it was Mohd Firdaus who murdered her brother because he (Mohd Firdaus) told her that she would go to prison with him if she told anyone.She testified that she went with Mohd Firdaus to a neighbour's house with the intention to rob Husin Abdul Rahman, 83, but Mohd Faizal had walked in on them.ADVERTISEMENT According to the facts of the case, the woman continued her intimate relationship with the appellant and the appellant treated her well, and her pregnancy from their intimacy was not aborted.Mohd Firdaus, in his defence claimed he had left his house at 3pm on the day to get burger supplies at a shop in Nibong Tebal.
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Foong submitted that there was insufficient evidence to sustain Mohd Firdaus's conviction as the prosecution's sole eyewitness evidence was not corroborated.Stay up-to-date by following Daily Express’s Telegram channel.
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He said her evidence must be treated with caution because she was an accomplice who had assisted to conceal evidence relating to the crime and only decided to inform the police that her brother was murdered by Mohd Firdaus, a year after the incident.Deputy public prosecutor Faizah Mohd Salleh argued that there was no evidence to show that the deceased's sister was an accomplice or had intention to murder her brother, adding that the woman was afraid and only reported it after she was threatened by Mohd Firdaus.