Kota Kinabalu: The Court of Appeal on Monday upheld the death sentence of a police inspector who was convicted of murdering a single mother in Keningau, 13 years ago.
A three-member Court of Appeal bench, chaired by Judge Datuk Supang Lian, Datuk Collin Lawrence Sequerah and Datuk Wong Kian Kheong, made the ruling in a unanimous decision after dismissing the appeal by Ahmad Rizal Umar, 42, against his conviction and sentence.
On June 25, 2020, Ahmad Rizal was found guilty and sentenced to death by the High Court here of murdering Kartini Borhan, 27, between 4am and 5am on Sept 29, 2011 in a house at Taman Adika, Keningau.
Ahmad Rizal was a police inspector attached to the Keningau Police Station at the time of the incident.
Judge Supang said after hearing the case, the Court was satisfied that the prosecution had succeeded to prove the amended charge beyond all reasonable doubt.
“We are satisfied that the High Court’s conviction was safe...we dismissed the appeal, we affirmed the High Court’s conviction,” held Supang in dismissing the appeal against conviction.
Ahmad Rizal appealed for the court to exercise its discretion under the Abolition of Mandatory Death Penalty Act 2023 and appealed for a minimum imprisonment of 30 years and 12 lashes of the cane.
However, Supang held: “We have considered carefully the mitigating of the counsel for the appellant...unfortunately we are unable to exercise our discretion on the...death sentence on two grounds.
“First, there was premeditated intention on the part of the appellant to murder the deceased. Second, there were serious injuries inflicted by the appellant on the deceased, which involved great force and knife. And thirdly, the appellant was at the material time of the incident, a police officer, who had sworn to uphold the law.
“We therefore dismissed the appeal against sentence and affirm the death sentence imposed by the High Court.
The court also noted Ahmad Rizal’s wish to be transferred to the Sungai Buloh prison.
Counsel Datuk Ram Singh together with counsel Chen Wen Jye, representing Ahmad Rizal, informed the court of Ahmad’s wish as the Sungai Buloh prison is near to his family and stated that they would be writing to the Director of the Prisons Department.
Ahmad Rizal, who was charged under Section 302 of the Penal Code, was initially discharged and acquitted by another High Court Judge on July 22, 2014 without his defence being called.
However, the Federal Court on March 21, 2018 ordered him to enter his defence following an appeal by the prosecution against the High Court’s decision.
Ahmad Rizal had opted to give his defence on oath on Oct 9, 2018.
Deputy Public Prosecutor Mohd Amril Johari appeared for the prosecution as respondent.
