Kota Kinabalu: The Federal Court, Tuesday, upheld two more death sentences of a man who murdered two young sisters in Beluran and another who shot his victim with a Bakakuk (home-made rifle) in Keningau.
The panel denied the applications by Rudy Jupri, 38, and Dourin Murah to commute their death sentence under the Revision of the Sentence of Death and Imprisonment for Natural Life (Temporary Jurisdiction of the Federal Court) Act.
The three-member panel chaired by Chief Justice Tun Tengku Maimun Tuan Mat, Chief Justice of Sabah and Sarawak Tan Sri Abdul Rahman Sebli and Federal Court Judge Datuk Abu Bakar Jais unanimously dismissed the applications of Rudy and Dourin and affirmed the death sentence imposed on them, respectively.
Rudy
Rudy murdered the sisters aged six and 17 between 10am and 5am on April 15, 2009 in a house at Kg Lung Manis, Beluran.
On July 28, 2011 Rudy was sentenced to death by the Sandakan High Court on both charges under Section 302 of the Penal Code.
Dourin
Dourin was on May 5, 2010 sentenced to death by the High Court here after he was convicted of murdering Datirin Julani, 52, at a rubber plantation in Kampung Tenggulun Jaya in Sook at 1pm on July 12, 2008.
In Rudy’s case, the prosecution strongly objected to the application on the grounds, among others, that it ticked all boxes of the rarest of the rare cases as it involved two children - young sisters who were brutally stabbed and cannot defend themselves.
It is more dangerous for the applicant to be in society, said the prosecution, adding that nothing was more painful for the parents than burying two children.
Earlier, Rudy’s counsel submitted, among others, that it was not the rarest of the rare cases as it was a crime of passion in which the elder sister wanted to break off their relationship and could not control his rage, while the younger sister was just there at the wrong time.
Meanwhile, in Dourin’s case, the prosecution objected to his application by submitting, among others, that it was a pre-planned case as Dourin went to the place armed with a Bakakuk and shot the victim.
Dourin shot the victim’s face at close range when he fell which caused severe ruptures in the brain with seven pellets found in his skull, said the prosecution, adding that the applicant, who claimed the deceased had used black magic on him, used unnecessary violence.
Dourin’s counsel, submitted among others, that it was not the rarest of the rare case as the applicant’s act was not brutal enough to shock not only the judicial conscience or collective conscience of society.
Rudy and Dourin were among 10 inmates who had their cases reviewed by the Federal Court, Tuesday, which commuted the death sentences and natural-life prison terms of the other eight individuals convicted of murder, drug trafficking and firearm robbery.
All eight, including seven death row inmates, had their sentences substituted to between 30 years and 35 years.
Four of the prisoners, whose death sentences for murder were set aside and commuted were Yew Wui Lam, 43, Safruddin Nasir, 37, Abdul Samid Edward, 41, and Muhammad Halid Mappa, 62.
All four had their death sentence substituted to 35 years.
The Apex court also ordered Yew, Safruddin and Abdul Samid to be caned 12 times each.
Three prisoners whose death sentence for drug trafficking was commuted to 30 years were Mohd Faris Mohd Johan, 60, Edmon John, 55, and Mohammad Din Munap, 58.
They were respectively convicted for trafficking in syabu weighing between 74.48gm and 141.16gm.
Another prisoner, Faizal Hisham Mohd Nasir, 37, who was sentenced to imprisonment for natural life and six lashes of the cane for exhibiting a firearm during a robbery in Lahad Datu had his sentence substituted to 30 years imprisonment.
Justice Tengku Maimun ordered all eight individuals to begin their sentences from the date of their arrest, respectively.
All eight were detained in prison between nine years and 19 years.
Yew was on Dec 12, 2012 found guilty by the Sandakan High Court of murdering both his parents - his father Hiew Hiap Foh, 71, and mother Chu Shuk Fon @ Chu Ching Mui, 62, with a knife between 10am and 10.50pm on Sept. 13, 2011 in a house at Beatrice Estate, Sandakan.
Safruddin was on Feb 12, 2010 sentenced to death by the High Court here for murdering an 18-year-old youth in front of a house in Taman Seri Bayu, Manggatal.
Abdul Samid was on Aug 3, 2012 convicted by Tawau High Court to murdering a friend, Buoi Sohide, 26, on Oct 11, 2008 at 11pm at a bus stop, Kg Kurnia Jaya, Mile 4, Jalan Apas, Tawau.
Muhammad Halid Mappa, 62, was on Feb 21, 2012 sentenced to death by Sandakan High Court for murdering Verisrin @ Veris Alip @ KK Abd Alip, 30, on May 10, 2009, between 9am and 10.50am at Kg Langkabang, Tongod, Kinabatangan.
The eight inmates applied for their sentence to be reduced.
In Tuesday’s proceedings, Attorney-General’s Chambers (Appellate and Trial Division) head Datuk Mohd Dusuki Mokhtar, Head of Appeals Unit Datin Asmah Musa, Deputy Public Prosecutors Tetralina Ahmed Fauzi and Zaki Asyraf Zubir, appearing for the prosecution as respondent, did not object to the review application of the eight cases.
The review applications were filed under the Revision of the Sentence of Death and Imprisonment for Natural Life (Temporary Jurisdiction of the Federal Court) Act 2023 which took effect on Sept 12, conferring the Federal Court with the discretion to review cases involving death sentence.
This follows the enforcement of another new law – the Abolition of Mandatory Death Penalty Act 2023 – which came into force on July 4, 2023.
Under the law, the mandatory death sentences for offences such as drug trafficking and murder have been removed.
The law gives judges the choice to impose either a death penalty or imprisonment for not less than 30 years but not exceeding 40 years, and if not sentenced to death, shall be punished with whipping of not less than 12 strokes for male convicts below 50 years of age.
Counsel Shahlan Jufri appeared for Dourin, Safruddin and Mohd Faris, while counsel Edward Paul represented Rudy and Edmon John.
Counsel Zaleha Mohd Yusuf Pan represented Yew and Halid while Counsel Jhasarry P Kang, David Tan and Jamadi Saleh represented Abdul Samid, Din and Faizal, respectively.
