PUTRAJAYA: Two 'Tuhan Harun' cult followers escaped the gallows after the Federal Court commuted their mandatory death sentence to 40 years in prison for the murder of a Pahang Islamic Religious Department assistant enforcement chief in 2013.
In a unanimous decision, a three-member Federal Court bench led by Chief Justice Tun Tengku Maimun Tuan Mat allowed Sumustapha Suradi, 50, and Shamsinar Abdul Halim, 47, to have their death sentences reviewed and converted to terms of imprisonment.
This follows the passing of the Abolition of Mandatory Death Penalty Act 2023, which took effect on July 4, last year.
Under the new law, judges now have the discretion to impose either the death penalty or imprisonment of not less than 30 years and up to 40 years.
Other members of the bench were Court of Appeal president Tan Sri Abang Iskandar Abang Hashim and Federal Court Judge Datuk Nordin Hassan.
Tengku Maimun, when delivering the judgment ordered the jail term to begin from the date of their arrest.
Shamsinar and Sumustapha were arrested on Feb 22, 2014 and Nov 27, respectively.
She said Shamsinar will also recieve 12 strokes of the cane.
Both men were found guilty of murdering Ahmad Rafli Abdul Malek, who was gunned down at Lorong IM2/29 Bandar Indera Mahkota here at 1.50pm on Nov 10, 2013.
Ahmad Raffli, 49, was shot in front of his home in Bandar Indera Mahkota, Kuantan, on Nov 10, 2013.
Both of the accused failed in their appeal after the Court of Appeal rejected their case on Feb 8, 2018.
The leader of the deviant sect, Harun Mat Saat, also known as 'Tuhan Harun', was also charged with being an accomplice in the murder.
However, the charge against him was dropped on Aug 26, 2016, after he died at Tengku Ampuan Afzan Hospital, Kuantan due to respiratory problems.
On Nov 29, 2018, the Federal Court dismissed the final appeal of Sumustapha and Shamsinar, upholding their conviction and death sentence.
At that time, the then Chief Justice Tan Sri Richard Malanjum, who led the five-judge panel, ruled that both of their appeals had no merit.