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Former bouncer loses appeal against death
Published on: Tuesday, May 14, 2019
By: Jo Ann Mool

KOTA KINABALU: A 30-year-old former bouncer, who was sentenced to death for the murder of a student outside a bar in Asia City, last year, failed in his appeal against his conviction and sentence on Monday.

Court of Appeal Justices Datuk Vernon Ong Lam Kiat, Datuk Yaacob Md Sam and Datuk Yew Jen Kie unanimously dismissed Mohd Azmin Lidin’s appeal after considering the totality of evidence and issues raised by his counsel.

“We are not satisfied that there is any appealable error in the findings of the trial judge, as such the appeal is dismissed,” the court ruled.

Mohd Azmin (pic), a local, was seen holding his breath on hearing the court’s decision and giving a smile to a group of people sitting, believed to be his relatives and friends, at the public gallery when he was escorted out from the dock after the proceedings.

He was, on May 17, 2018, sentenced to death by the High Court here after being found guilty of murdering one Yaacob Nasran, 18, between 3.30am and 4.30am on Dec 15, 2016 outside the Siam Thai Bar, Jalan Asia City.

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

Counsel PJ Perira, representing Mohd Azmin, raised two points, namely that the trial judge erred in law when failed at the end of the defence case to ask herself whether this was a case of culpable homicide not amounting to murder and erred when failed to criticise the prosecution for not offering one Amirudin Bacho to the defence. 

He submitted that it is contended that despite the rejection of the defence, it was still incumbent that the trial court ought to have addressed its mind on this possible defence available to the appellant bearing in mind the following factors as elicited from the prosecution’s case: 

That there was no preparation, hence not a case of premeditated murder; and the absence of motive and that both the appellant and the deceased did not know each other. 

Perira submitted further that the two factors were compelling reasons for the trial court to seriously consider the lesser offence of culpable homicide not amounting to murder.

On the second issue, he submitted that the non-offer of Amiruddin Bacho to the defence had prejudice to the appellant.

He submitted that the prosecution offered a list of witnesses to the defence in which Amiruddin’s name was in the list and submitted that the alleged offer was no offer as Amir was not present and in fact a warrant of arrest had been issued against him.

The prosecution cannot offer something or someone when that something or someone is found or located, Perira submitted.

Deputy Public Prosecutor Mohd Zain Ibrahim rebutted, among others, that it was a fair trial and that the trial judge was not erred in considering the defence of the appellant, which was totally denial, which included the evidence that other person, one Omar, did it whereas four witnesses saw who slashed the sword on the deceased.

He also submitted that the prosecution did not recall Amiruddin as investigation showed that Amiruddin did not see the incident and that the person who saw the murder incident were the other four prosecution witnesses.

 



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