PUTRAJAYA: A former Bukit Aman Special Branch corporal had his death sentence commuted to 38 years jail for murdering his colleague 10 years ago.
Federal Court three-judge panel, led by Datuk Harmindar Singh Dhaliwal, today made the unanimous decision to allow the death sentence review application of Wan Masrul Faeizie Wan Mustapha, 43.
The panel, which included Datuk Rhodzariah Bujang and Datuk Hanipah Farikullah, ordered Wan Masrul to serve the jail sentence from the date of his arrest on Feb 4,2014 and be given 12 strokes of the rotan.
Wan Masrul was charged with the murder of Lance Corporal T. Thivakar, 37, between 4.11pm and 4.50pm at Jalan Negeri Sembilan in Bukit Persekutuan on Feb 4, 2014.
Deputy public prosecutor Norzilati Izhani Zainal @ Zainol said the deceased was shot twice at close range.
She said Wan Masrul and the deceased were colleagues from the same unit and always had their pistols with them.
"The deceased's body was found in the compound of Bukit Aman.
"In this case, two shots were fired by the applicant (Wan Masrul) at the deceased.
"The first shot on the deceased's right cheek penetrated his brains and that was the cause of his death, according to the pathologists.
"The second shot was on his left jaw which penetrated his neck.
"There were no defensive wounds found on the deceased. The submission by the defence that the incident did not stem from a provocation is bare denial," she said.
Wan Masrul was represented by lawyer Kee Wei Lon, who asked for a 38 year jail sentence instead of the death penalty.
It was reported that Thivakar's body was found by passers-by.
Two 9mm casings were recovered near the body along with a motorcycle some 1.5 metres away.
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