KOTA BHARU: An excavator driver who killed a woman 16 years ago was sentenced to 38 years in prison and 12 lashes, releasing him from the death penalty.
A panel of three judges, led by Chief Justice Tun Tengku Maimun Tuan Mat, reached an agreement to set aside the death sentence decision against Zulhisham Fadly Mohamad, 43.
The decision was made after the court accepted the accused's application in accordance with Section 3(1) of the Death Penalty Review and Life Imprisonment (Temporary Jurisdiction of the Federal Court) Act 2023.
Zulhisham made an application for a review of the death sentence dated Sept 21, 2023.
The court sentenced Zulhisham to 12 lashes and 38 years in prison starting from the date of his arrest on April 21, 2008.
Previously, Zulhisham was sentenced to death by the Kuala Terengganu High Court on April 17, 2011, after being found guilty of killing the Kampung Bakau Tinggi Wanita Umno leader, Zaiton Muhammad under Section 302 of the Penal Code.
The incident took place at a dragon fruit orchard in Bukit Tebuan, Jalan Bukit Takal, Ibok, Terengganu between 10.30am and 1pm on April 16, 2008.
According to the case facts, Zulhisham was accused of killing and burying Zaiton, in a garden belongs to the Kemaman Municipal Council
Zaiton's body was found on April 21, 2008, six days after his disappearance and was reported to the police by the victim's family members.
The victim's car was damaged and buried at a flower nursery in Kampung Mak Chili, 14 kilometres away from where her body was found.
The prosecution of the case was handled by Deputy Public Prosecutor, Mohd Fuad Abdul Aziz, while the accused was represented by lawyer Mazlan Md Zain.