Fisherman loses final appeal against death sentence for murdering father-in-law
KOTA KINABALU: A fisherman, who allegedly denied seeing his daughter under the care of his wife’s parents, lost in his final appeal against his death sentence at a Federal Court hearing here yesterday, for killing his fatherin-law in an incident five years ago.
Justice Tan Sri Ahmad Haji Maarop, who sat together with Justices Tan Sri Azahar Mohamed, Dato’ Alizatul Khair Osman Khairuddin, Dato’ Setia Haji Mohd. Zawawi Salleh and Dato’ Rhodzariah Bujang unanimously dismissed the appeal by Hamdan Pulmahan, 36, and found that there was no merit in his appeal.
On September 8, 2016 the appellant was found guilty by the High Court of murdering Filipino Guanding Masirin, 53, at a house in Pulau Berhala, Sandakan on October 16, 2013.
The appellant was convicted under Section 302 of the Penal Code which carries the mandatory death sentence, upon conviction.
The appellant had appealed against the lower court’s decision at the Court of Appeal but failed in his bid after the court affirmed his conviction and death sentence on September 26, 2017.
Earlier, Government-assigned counsel Sharatha Masyarah John Ridwan Lincon, who represented the appellant, told the court that his client claimed that he was not allowed to see his daughter upon coming back from the Philippines.
She explained that on the day of the incident, the appellant was drinking tuak (toddy) with his friends but he was not drunk. After that the appellant went back to his sister’s house and took a knife as he wanted to eat some mangoes at another friend’s house.
The counsel further explained that his client brought along the knife because he was worried that if his friend was not at home he couldn’t peel the mangoes without a knife.
After that, he passed by his father-in-law’s house and coincidentally, his daughter was playing under the house, she said. When the appellant wanted to see his daughter, his mother-in-law had allegedly stopped him from doing so, she added.
The counsel further said that the appellant was about to leave the house when his father-in-law punched him from behind.
So, Sharatha Masyarah said the appellant, who couldn’t stand the punch, had stabbed the deceased with the knife.
She argued that there was a sudden provocation by the deceased and the appellant acted in self-defence as he was about to leave the house when he was attacked from behind.
She also submitted that the murder was not premeditated as the appellant had no intention to kill the deceased.
In reply, deputy public prosecutor Mohd Taufik Mohd Yusoff rebutted that the learned trial judge had taken into account the independent evidence by the sixth prosecution witness, who was the pathologist who testified that there was no scratches on the deceased’s body.
Mohd Taufik contended that if it was true as what was stated in the findings of the trial judge that there was an intense fight, both the appellant and the deceased had fallen and rolled on the ground, then there should be scratches on the deceased’s body.
In a separate case, the same court dismissed an appeal by two men against their death sentences for a joint charge of trafficking in 2,125.1 grams of syabu, four years ago.
In their unanimous decision, the judges held that there was no merit in the appeal by Ibni Ladja Lakibul, 42, and Juris Rualdes, 46, and upheld their convictions and sentence.
Both the appellants, who failed in their last appeal, were found guilty two years ago of committing the offence along Jalan Tengah Nipah in Lahad Datu on Sept 29, 2014
Ibni Ladja, who holds a Philippine passport and Juris, who is a permanent resident, were jointly convicted of a charge framed under Section 39B (1)(a) of the Dangerous Drugs Act 1952 which carries the mandatory death sentence, upon conviction.
Ibni and Juris were represented by counsel Ram Singh and Datuk Norbert Chin, respectively.