PUTRAJAYA: The Federal Court here today upheld the death sentence imposed on a former security guard for murdering his lover by stabbing the woman 76 times nearly seven years ago.
Federal Court five-man bench led by Tan Sri Hasan Lah held that Muhammad Faizul Mohd Ali’s conviction for the offence was safe.
He dismissed Muhammad Faizul’s final appeal against the conviction and death sentence saying it did not have any merits.
Meanwhile, Muhammad Faizul’s friend, Muhammad Zal Haziq Razali, escaped the gallows as the court acquitted and discharged him for the murder of the 36-year-old bank clerk Rozana Mohd Yusak.
Muhammad Faizul, 26, and unemployed Muhammad Zal Haziq, 29, were jointly charged with the murder at the deceased’s shophouse apartment at Jalan Puncak Desa 2, Kepong, Gombak district, Selangor between midnight and 1.15 am on Dec 21, 2011.
Justice Hasan said the court agreed with the submissions by Muhammad Zal Haziq’s counsel, Rao Jayananda, that there was insufficient evidence to link him with the murder.
The other judges presiding with Justice Hasan were Tan Sri Zainun Ali, Tan Sri Ramly Ali, Datuk Alizatul Khair Osman Khairuddin and Datuk Rohana Yusuf.
Muhammad Faizul and Muhammad Zal Haziq were convicted for the murder by the Shah Alam High Court in 2016. They appealed to the Court of Appeal, but lost.
Jayananda argued that Muhammad Zal Haziq had followed Muhammad Faizul to the deceased’s house to rob, but there was no evidence to show common intention of both men to commit the murder.
He said Muhammad Zal Haziq did not enter the deceased’s apartment, but only stood outside the door, while Muhammad Faizul, on his own frolic, went to the kitchen to take a knife and stabbed the deceased multiple times.
Lawyer Ridha Abdah Subri, representing Muhammad Faizul, submitted that the case should be retried as his client was not allowed to re-assess the evidence he had given during examination-in-chief and cross-examination.
During re-examination by his counsel at the trial, Muhammad Faizul had said he could not remember what he had testified earlier during examination-in-chief and in cross-examination.
In his defence, Muhammad Faizul admitted that he took drugs and drank alcohol.
He said the deceased had scolded him and without realising, he stabbed her with the knife he took from the kitchen.
He also said he did not remember how many times he stabbed the woman or which part of her body.
Deputy public prosecutor Aslinda Ahad submitted that the evidence was overwhelming where there was common intention by both men to commit the murder.
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