Kota Kinabalu: A 45-year-old former Rela personnel, who was sentenced to death row three years ago for murdering his friend during a drinking session in Kudat, saw his sentence commuted to 30 years’ jail and 12 lashes of the cane.
A three-member bench comprising Justices Datuk Azman Abdullah, Datuk Azhahari Kamal Ramli and Datuk Noorin Badaruddin made the unanimous decision and commuted Donny @ Mohd Nazmie Musanna’s death sentence after hearing his appeal.
Donny was ordered to serve the life imprisonment from the date of his arrest on March 27, 2019.
He was on Dec 7, 2022 sentenced to death by the High Court here after he was found guilty of committing the crime against Ampukir Aladau, 64, between 2am and 3am, on March 26, 2019 at the Tomborungus Tamu area in Kudat.
The charge was framed under Section 302 of the Penal Code, and following an amendment 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.
Donny, who was represented by counsel Amli Nohin, was appealing against his conviction and sentence.
The appellate court said the issues raised by the counsel had not raised any reasonable doubt on the prosecution’s case.
In delivering the decision, Noorin said they were satisfied that the appellant was the last person seen with the deceased, along with the prosecution’s ninth witness PW9 (the sole eyewitness), who witnessed the incident.
“PW9’s evidence is unblemished, his evidence was corroborated by the medical evidence, and we are satisfied that it was the appellant who had inflicted the injuries that caused the death sustained by the deceased.
“Therefore, the conviction passed by the High Court Judge is sustained or upheld,” she said.
The court further said that in light of the alternative punishment provided by Act 846, the Abolition of Mandatory Death Penalty Act 2023, and despite no submission being made by the counsel, the court was mindful of substituting the death sentence imposed by the High Court with 30 years’ imprisonment and 12 strokes of the cane.
Earlier, Amli, during submission, raised, among other things, regarding the prosecution’s ninth witness (PW9), the sole eyewitness to the incident, and argued that the witness was unreliable and had made many material discrepancies in his testimony to the point of lying in court.
The prosecution rebutted that PW9 had consistently given evidence that he witnessed the appellant kicking the body of the deceased, and that his account remained unchanged throughout the trial, adding that the witness saw the incident due to his proximity.
Deputy Public Prosecutor Shamala Jaganathan applied for the court to affirm the High Court’s decision and dismiss the appellant’s appeal.
