Labourer to hang for nephew’s murder after losing appeal
KUCHING: A labourer who was convicted for the murder of his nephew on Gawai Dayak eve five years ago has failed in a bid to overturn the death penalty.
Federal Court Judges Tan Sri Tengku Maimun Tuan Mat, who is also Chief Justice of Malaysia, Datuk Abdul Rahman Sebli and Datuk Harmindar Singh Dhaliwal yesterday upheld the conviction and sentence against Bawa Rakip, 58, as the appeal had no merit.
The apex court also found no technical error in the decision of the Court of Appeal on Feb 18, 2019, when it upheld the judgement of the High Court on Nov 6, 2017, that the appellant, had murdered Sasok Bayur, 53.
The proceedings yeaterday were held via the internet.
Bawa had killed Sasok at 12.30am on June 1, 2016, in front of a house at Kampung Plaman Dunuk, Jalan Link PadawanTebedu here.
According to the brief facts of the case, the appellant appeared at the scene during the Gawai Dayak countdown celebration and accused the nephew of disturbing his wife before slashing his neck with a machete.
This was commi ed in front of an eyewitness who also testified in court that villagers had to help to apprehend the appellant when he tried to commit another round of a ack on the nephew.
Fifteen witnesses were called during the trial.
Subsquently he was convicted of murder an offence under Section 302 of the Penal Code that carries the death penalty, upon conviction.
DPP Datuk Mohd Dusuki Mokhtar and DPP Muhammad Azmi Mashud prosecuted in the case, while counsels Abdul Rahman Mohd Hazmi and Christopher Bada represented Bawa.