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Indonesian sentenced to death fails in appeal
Published on: Thursday, March 08, 2018

Kota Kinabalu: An Indonesian man, who was sentenced to death for murder in Lahad Datu, failed in his appeal against his sentence at the Court of Appeal.

Justices Tan Sri Idrus Harun, Puan Sri Dato' Zaleha Yusof and Dato' Rhodzariah Bujang dismissed Baharudin @ Kadir Abu Nawas' appeal after hearing from the prosecution as respondent.

The court held that they find no merit in the appeal and affirmed the conviction and sentence imposed by the Tawau High Court.

Baharudin was sentenced to death by the High Court after he was found guilty to murdering one Rahmah Ruma, 47, also an Indonesian at 6.30am on Nov 14, 2014 at a workers house at Bukit Piton Forest Reserve in Ulu Segama, Lahad Datu.

The offence under Section 302 of the Penal Code carries the death penalty on conviction.

Earlier, assigned counsel Ghani Zelika raised four issues in the appeal.

He submitted among others, that the trial judge had failed to sufficiently consider Baharudin's defence as in his cautioned statement and that such failure had breach a Section in a Criminal Procedure Code.

The failure of the High Court Judge to consider the cautioned statement had caused injustice to the appellant, said Ghani.

Deputy Public Prosecutor Mohd Azmi Masmud replied that the High Court Judge had considered the defence of the appellant as stated in his ruling and that the Judge had evaluated his defence. - Jo Ann Mool

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