Death sentence upheld for car wash worker who robbed, killed senior citizen

PUTRAJAYA: The Court of Appeal here yesterday upheld the death sentence on a car wash worker found guilty of murdering a senior citizen while robbing the victim at his home, three years ago.

The three-man panel chaired by Datuk Tengku Maimun Tuan Mat dismissed the appeal filed by Herman Mohd Ali, 34, to set aside the conviction and sentence imposed by the Muar High Court in Johor, on May 25, 2016, after he was found guilty of killing Eyu Ah See, @ Yeo Thiam Ser, 73.

Justice Tengku Maimun said after reviewing the case the court agreed that the High Court judge had made the correct assessment and the prosecution had succeeded in proving the charge against the appellant (Herman).

The panel which included justices Datuk Yaacob Md Sam and Datuk Rhodzariah Bujang, said there was no reason for them to overturn the sentence meted by the High Court Judge.

“The appeal is dismissed. The conviction and penalty shall stay,” said Tengku Maimun who made the decision after hearing the submissions by counsel Muhammad Abd Kadir representing Herman and deputy public prosecutor Muhammad Azmi Mashud.

Herman was charged with killing the senior citizen using a machete after breaking into the victim’s house at Jalan Pasar, Batu Pahat, Johor in an attempted robbery between 9.00 pm and 9.30 pm, on Sept 11, 2014.

The charge under Section 302 of the Penal Code carries the mandatory death sentence. The Muar High Court also sentenced Herman to 10 years jail after he was found guilty of causing serious injuries to the victim’s younger brother, Yeo Thian Gark, 63, in the same incident under Section 326 of the Penal Code.

However, Herman did not appeal against this conviction and 10-year jail sentence.