PUTRAJAYA – The Court of Appeal today upheld the 25-year jail sentence against three former Royal Malaysian Navy members who were found guilty of causing the death of their colleague nine years ago.
A three-member panel led by Datuk Hanipah Farikullah unanimously rejected the final appeal made by Muhammad Zahirudin Nordin, 33, Mohd Hood Mah Hasib, 33, and Muhammad Faidhi Zani, 32, after the defence failed to raise a reasonable doubt against the prosecution’s case.
“After hearing the submissions from both sides, the court found no material contradictions between the evidence given by the prosecution’s eighth witness, Ehelaray Moss, and the 10th, Johny Birai, which could affect the prosecution’s case.
“The court also found that the prosecution’s evidence was sufficient to show the appellants’ joint intention which caused the victim’s death. Hence, the conviction against the three appellants are safe…their appeals (are) rejected and the sentence (by the high court) is upheld.
“With this, the court is issuing a warrant of commitment on the three appellants, effective immediately,” said judge Hanipah who sat with Datuk Ahmad Nasfy Yasin and Datuk Nordin Hassan.
On September 29, 2016, Kota Kinabalu Sessions Court sentenced the three men to 30 years’ jail each after they were found guilty of causing the death of Asrup Raidin, 27.
They then appealed their case to the high court and on January 9, 2018, it reduced the jail term to 25 years.
The three were accused of causing the death of Asrup at the Navy Uniform Station lagoon area at Pulau Terumbu Ubi, Labuan at 7.36pm on December 3, 2013, and were charged under Section 304 (a), read together with Section 34 of the Penal Code.
In today’s proceeding, counsel Aqeeb Lizalman Nordin Zamery and Noor Akhza Ahmad Khairuddin, represented Zahirudin and Hood, while counsel Shahrul Nizam Azwir and Muhammad Amin Abdullah appeared for Faidhi.
Deputy public prosecutor Ku Hayati Ku Haron acted for the prosecution. – Bernama, October 26, 2022
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