PUTRAJAYA: Former tow truck operator Koong Swee Kwan, who was convicted for the murder of Arab-Malaysian Bank (AmBank) founder Hussain Ahmad Najadi in 2013, will be sent to the gallows after he failed in his death sentence review application today.
Federal Court three judge panel led by Datuk Harmindar Singh Dhaliwal said their unanimous decision was to dismiss the application of the 55-year-old, also known as Sei Ngan Chai (bespectacled man in Cantonese), describing the murder as exceptional violence.
"In the present case, the circumstances suggest to us that this murder was an execution style killing considering that the deceased suffered seven gunshot wounds to the chest at close range.
"This was clearly a premeditated murder with the clear intention to ensure that the deceased did not survive.
"In our view, this was an exceptional case with exceptional facts. The murder was committed in broad daylight. This murder shocked the conscience of society that ordinary people feared for their own safety.
"We also considered that the firing of the seven gunshot at close range, ensuring the death of the deceased, amounted to exceptional violence.
"We also found no mitigating circumstances in this case. So in all circumstances of this case, we are constrained to dismiss the application," said Harmindar, who sat with Datuk Rhodzariah Bujang and Datuk Hanipah Farikullah.
Koong, who had an interpreter with him during the proceedings, looked calm as he was led out of the courtroom after the panel delivered its decision.
Lawyer Datuk Hisyam Teh Poh Teik stood for Koong while the respondent (prosecution) was represented by deputy public prosecutor Datuk Yusaini Amer Abdul Karim.
In his submission, Teh asked the court to exercise its discretion to review and substitute the death sentence as Koong's case does not fit in the category of the rarest of the rare.
"He is remorseful, apologises and seeks forgiveness from both the deceased and his wife, Cheong Mei Kuan, for the crimes committed.
"There were no findings whatsoever by both the High Court and Court of Appeal that he benefited in any manner from the crimes he had committed.
"I submit for the death sentence to be substituted with one between 35 and 38 years from his date of his arrest on Sept 23,2013," he said.
In reply, Yusaini submitted the case was the rarest of the rare that shook the country as the execution of Hussain occurred in broad daylight where the shots were fired at close range at the couple as they walked out of a temple.
"Based on the facts of the case, Koong was not known to the deceased and his wife. He is a stranger (to them).
"The deceased perished but the wife suffered injuries and fortunately, she did not die.
"There was also evidence that Koong had told a taxi driver that he hired that he had already completed his task.
"He (Koong) is like a hit man or a hired killer (in an) assassination style. There was no evidence to show what his motive was but he wanted to ensure the deceased died," he said.
He asked for the death sentence to be maintained.
On Sept 5, 2014, Kuala Lumpur High Court judge Datuk Mohd Azman Husin sentenced Koong to death by hanging after finding him guilty of murdering Hussain.
Koong was also sentenced to 18 years' jail for the attempted murder of Cheong, who was accompanying Hussain when she was shot.
He was charged with committing the crime at 1.30pm at the Kuan Yin temple car park at No. 4, Lorong Ceylon on July 29, 2013.
In 2015, the CoA upheld Koong's conviction and death sentence over the murder.