Kota Kinabalu: A 45-year-old Filipino escaped a hangman’s noose after the Court of Appeal Monday commuted his death sentence to 33 years in jail and 12 strokes of the cane for murdering his fellow countryman nine years ago.
A panel of three judges comprising Datuk Ahmad Zaidi Ibrahim, Datuk Mohamed Zaini Mazlan and Datuk Dr Alwi Abdul Wahab made the decision and substituted Ismail Rasad’s death sentence after hearing his appeal against the High Court’s decision.
Ismail was ordered to serve the imprisonment sentence from the date of his arrest on May 1, 2016.
On Jan 17, 2022, Ismail, who holds an IMM13 document, was convicted by the High Court here of committing the crime against Md Adzmar Alex, 19, also an IMM13 document holder, at 11.30pm on May 1, 2016 at Kampung Rampayan, Manggatal.
The charge was framed under Section 302 of the Penal Code and following an amendment made to Section 302, the court can impose a jail term of not less than 30 years and not exceeding 40 years on offenders if not given the death sentence.
Male offenders shall also be punished with whipping of not less than 12 strokes.
Earlier, counsel Datuk Ram Singh representing Ismail, informed the court that their representation letter to the Attorney General’s Chambers’ office had been accepted.
Ram appealed the death sentence to be substituted for a sentence of life imprisonment under the amendment to Section 302 of the Penal Code, through Section 34 of the Abolishment of Death Penalty Mandatory Act 2023.
Ram also said the appellant had been in custody since 1 May 2016, when he was 36 years old, adding among others that the killing was not planned and that he was a first offender.
