PUTRAJAYA: A former security guard escaped the noose and will spend 33 years in jail with caning for murdering his lover by stabbing her 76 times in 2011.
Federal Court three-judge panel, led by Datuk Harmindar Singh Dhaliwal, made the unanimous decision to allow the application of Muhammad Faizul Mohd Ali, who was 19 when he committed the crime.
"We accept the submission of the lawyer of the applicant (Faizul). This is not an exceptional case and also considering his young age at the time of the commission of the case.
"We allow the application and set aside the death sentence and substitute it with a 33-year imprisonment from the date of his arrest on Dec 30, 2011 and 12 strokes of the rotan," said Harmindar, who sat with Datuk Rhodzariah Bujang and Datuk Hanipah Farikullah.
Lawyer Tamara Anthony submitted that Faizul, 32, a first- time offender, had used illegal drugs and alcohol since he was 13 and was under the influence when he committed the crime.
"He has spent 12 years in anguish awaiting execution in detention and was diagnosed with schizophrenia in 2018.
"However, his condition is manageable and if he complies with his medication, it will be better controlled.
"There is evidence that he has been hearing voices and having hallucinations.
He is manageable in prison, does not exhibit aggressive behaviour and does not disturb other inmates.
"He and the deceased were in a relationship. There was no evidence of premeditation and planning and the crime happened because of a sudden quarrel.
"He did not have any motive or intention to kill the deceased.
"It is true that the deceased was killed in a brutal manner but he is not a hardcore criminal incapable of reform and rehabilitation. He is no longer a threat to society," she said, asking for the death penalty to be replaced with a 30-year jail term.
In reply, deputy public prosecutor Afzainizam Abdul Aziz, as respondent, said there were 76 stab wounds on the victim and it was exceptionally brutal.
"Due to the circumstances of the applicant's mental state, we are suggesting a 35-year jail term and 12 strokes of rotan if the court is mindful to substitute the death sentence in his favour," he said.
Faizul and unemployed Muhammad Zal Haziq, then 27, were jointly charged with the murder of Rozana Mohd Yusak, 36, at her shophouse apartment.
They were found guilty of committing the crime between midnight and 1.15am on Dec 21, 2011 at Jalan Puncak Desa 2, Kepong in Selangor.
In 2018, the Federal Court dismissed Faizul's final appeal against the conviction and death sentence, saying it did not have any merits.
However, Zal was acquitted and discharged as the court agreed with his lawyer, Rao Jayananda, that there was insufficient evidence to link him to the murder.