Malaysia

Two SMART members finally fail bid to set aside 2016 death sentence

Three-member bench rejects appeal by Syazwan Saad, Iskandar Zulkarnain Abdul Manaf

Updated 3 years ago · Published on 12 Dec 2022 6:56PM

Two SMART members finally fail bid to set aside 2016 death sentence

PUTRAJAYA – Two members of the Special Malaysian Disaster Assistant and Rescue Team (SMART) failed in their final appeal in the federal court to set aside the death sentence imposed on them for killing a fish pond operator seven years ago.

A three-member bench comprising justices Datuk Abdul Rahman Sebli, Datuk Zabariah Mohd Yusof, and Datuk Seri Hasnah Mohammed Hashim unanimously dismissed Syazwan Saad and Iskandar Zulkarnain Abdul Manaf’s appeal against their convictions and death sentences.

Rahman who led the bench said it was the court’s view that the circumstantial evidence adduced by the prosecution is strong enough to establish the guilt of both men for the murder.

“Having given careful consideration, we are not persuaded that the Court of Appeal was wrong in affirming the decision of the high court,” he said.

Syazwan, 36, and Iskandar, 35, were found guilty and sentenced to death by the high court on August 30, 2016, for murdering Alias Mat Noor, 52, at Lombong Tembatan Banjir, Lingkaran Putrajaya, Cyberjaya, Sepang, Selangor between 11pm on July 7, 2015, and 6pm on July 10, 2015.

Their appeal was dismissed by the Court of Appeal on October 20, last year, which prompted them to appeal to the Federal Court.

According to the facts of the case, on July 8, 2015, the victim was supposed to take his son to his durian orchard but he did not turn up. 

On July 10, 2015, police received information that an unidentified body was found floating in the flood retention pond, which the victim’s children identified as their father.

The victim’s brother who worked at the durian orchard testified that he saw the victim with two unknown men in a red Mitsubishi Pajero on July 7, 2015.

Another prosecution witness who was Iskandar’s supervising officer testified that he received a WhatsApp message from Lim Chun Jie, containing the victim’s identity card and a message saying “kasi settle” (settle it).

Lim, a marketing manager 31, was charged with abetting Syazwan and Iskandar to commit murder under Section 109 of the Penal Code, read together with Section 302 of the Penal Code.

The high court had found him guilty and sentenced him to death but the Court of Appeal acquitted and discharged him. The prosecution did not appeal.

Lawyers Datuk Hisyam Teh Poh Teik and Kee Wei Lon represented Syazwan while lawyer Andrew Lourdes represented Iskandar. 

Deputy public prosecutors Parvin Hameedah Natchiar and Aida Khairuleen Azli appeared for the prosecution. – Bernama, December 12, 2022

Related News

Malaysia / 1y

Myanmar community in Malaysia express heartfelt gratitude to SMART team

Malaysia / 1y

From tragedy to triumph - how Smart became a global search and rescue force

Spotlight

Malaysia

Wanita UMNO: Najib’s contributions must not be erased, says Noraini

Malaysia

Guan Eng hands recommendations to PM to boost unity, integrity between West, East Malaysia.

By Ian McIntyre

World

Five dead, 87 missing after ferry fire off Palawan

Malaysia

Anwar surprised by Najib's new pardon attempt

Malaysia

Lawyer denies Abdul Azeez chose to appear in lock-up uniform, handcuffs

Malaysia

Flying Doctor Service to continue despite fatal Sarawak crash

Opinion

“I’m not a war criminal, I’m a patriot”: Shavendra Silva’s amnesia tour meets the receipts

By Abbi Kanthasamy

Malaysia

British management on trial – does a royal management institute deliver value?

Malaysia

Nearly 10,000 potential fire hotspots detected on RSPO-managed land

You may be interested

Malaysia

Fahmi: 65,280 scam, illegal gambling posts still online despite MCMC takedown requests

Malaysia

Doctor among five killed in Sarawak Flying Doctor helicopter crash identified

Malaysia

Mother and two sons die after being trapped in Kluang house fire

Malaysia

Nearly 10,000 potential fire hotspots detected on RSPO-managed land

Malaysia

Negeri Sembilan MB silent on alleged Ruler removal letter

Malaysia

Sarikei records highest unhealthy air reading as haze blankets Sarawak

Malaysia

Abdul Azeez, 2 former TH officials remanded for 2 days

Malaysia

Former childcare worker charged over alleged emotional abuse of two-year-old