PUTRAJAYA – The Court of Appeal here yesterday upheld the death sentence handed down on an unemployed man for possession of a firearm in a shooting incident during the attempted robbery of a Singaporean businesswoman nine years ago.
A three-member panel led by Datuk Hanipah Farikullah unanimously dismissed the appeal of Mohd Nazarudin Khairudin, 33, to set aside the Shah Alam High Court decision on June 28, 2018, which sentenced him to death.
Judge Hanipah said that in the court’s view, the main issue raised in the appeal was whether the charge was defective on two matters, namely related to the words, together with another person who had died, and the application of Section 34 of the Penal Code.
“We found that defects were apparent in the charge, but after examining the appeal records and hearing the oral arguments of both parties, the defects in the charge were not prejudicial to the appellant. In fact, according to the defence appeal record, the appellant knew and understood the charges against him.
“The court found that the appellant’s appeal had no merit and as such, the decision of the high court to convict the appellant is upheld,” said judge Hanipah who sat with Datuk Wira Ahmad Nasfy Yasin and Datuk Hashim Hamzah.
The father of three was found guilty and sentenced to death by the high court along with a deceased person, Azman Aini, 39, as he knew the latter possessed a firearm and had fired shots at Lee Siaw Khie Jane with the intent to cause death or injury to the victim.
They were charged with committing the offence at Jalan Middle, Kg Baru Sg Buloh, at 3.40pm, April 22, 2013, according to Section 3A of the Firearms (Increased Penalties) Act 1971 read together with Section 34 of the Penal Code, which provides the death penalty.
Based on the facts of the case, the woman, who was in a Mercedes-Benz car, was approached by two men on a motorcycle and ordered to get out of the vehicle.
The victim however pressed the accelerator and sped off, causing a shot to be fired at the car, hitting the driver’s side mirror, as the duo continued to pursue her until she reached a police station.
On August 19, 2013, the appellant was arrested at his mother-in-law’s house. Police seized a Walther P99 pistol tucked in his waist and a magazine containing five bullets, after Azman was shot dead by police in a shoot-out at a cemetery in Paya Jaras.
Ballistics tests later showed that the bullet found in the victim’s car matched the bullet fired during the attempted robbery.
Nazarudin was represented by lawyer Azamuddin Abd Aziz while the prosecution was conducted by deputy public prosecutors Mohd Fairuz Johari and Mohd Zain Ibrahim. – Bernama, January 8, 2022
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