Five death sentences for murder set aside
KOTA KINABALU: Five inmates succeeded in their applications to set aside their death sentences for murder convictions when their capital punishments were substituted with lengthy jail terms of between 30 and 35 years counted from their date of arrests by the Federal Court here on Monday.
The five applicants who managed to overturn the previous Federal Court decisions in their final appeals were Hasanuddin Sinring, 42, Chung Tain Kong @ Chung Fook Chong, 69, Joseph Che Suan @ Swan Ajuk, 67, Vetus Juani, 57, and Sainal Abidin Mading @ Amri Gani, 49.
Another inmate, Jamaludin Saripudin, 46, failed in his application on Monday to quash his death sentence . Both his conviction and death sentence were maintained.
Jamaludin’s case caught media attention 15 years ago when he was found guilty of killing a primary school pupil in Tebobon, Menggatal.
All the applicants had failed in their last appeals at the Federal Court between September 2002 and 2015.
The first sitting for the applications was heard before Chief Justice Tun Tengku Maimun Tuan Mat, who sat together with Chief Justice of Sabah and Sarawak Tan Sri Datuk Abdul Rahman Sebli and Federal Court Justice Datuk Abu Bakar Jais.
The three-bench unanimously allowed the five applications under the Revision of the Sentence of Death and Imprisonment for Natural Life (Temporary Jurisdiction of the Federal Court) Act which was enacted last year and sentenced them as follows:
Hasanuddin was jailed for 30 years plus 12 whippings while the other four applicants got 35 years’ imprisonment to be served from their respective date of arrests.
Hasanuddin was sentenced to death on January 16, 2009 by the High Court here after he was found guilty of murdering a 47year-old businesswoman at a car park behind a cinema at Asia City here on October 31, 2004. He was arrested on November 5, 2004.
On May 5, 2003, Chung was sentenced to death after he was found guilty of murdering his 36-year-old girlfriend at a house at Taman Cendawan and he was arrested on the incident day on January 17, 2000.
As for Joseph, he was sentenced to death on October 2, 2009 after he was found guilty of murdering his 50-year-old brother in front of a rubber plantation hut at Kampung Sugiang Ulu, Kemabong in Tenom on October 17, 2006. He was arrested on October 19, 2006.
Vetus was convicted and sentenced to death on July 8, 2011 after he was found guilty of murdering a 39-year-old man at the workers’ quarters of a factory in Kunak on October 15, 2004. Vetus was arrested on May 18, 2007.
Meanwhile, Sainal was convicted and sentenced to death on December 5, 1997 after he was found guilty of murdering a 25year-old man at a premises at Jalan Labuk, in Sandakan. He was arrested on the incident day on July 5, 1997.
For Jamaludin, he was convicted and sentenced to death by the High Court here on July 10, 2009 after he was found guilty of murdering a nine-yearold girl in a roadside bush, on a hillslope of Kg Ratau Tebobon, in Menggatal on January 8, 2004. The accused was arrested on January 8, 2004.
Meanwhile, another four applicants who were previously sentenced to life imprisonment succeeded to get their sentence substituted with 30 years’ jail after the court unanimously allowed their applications.
The applicants were Wong Vui Chin, 59, Fung Siew Fah, 63, Lim Pae @ Peter, 55, and Ignatius Ak James, 44.
For drugs trafficking cases, Wong and Fung were sentenced to death on October 21, 2005, and September 3, 2007 respectively by the High Court for separate drugs trafficking convictions under Section 39B (1) (a) of the Dangerous Drugs Act 1952.
Wong had trafficked in 147.94 grams of syabu at the Labuan Ferry Terminal on June 16, 2000 while Fung trafficked in 773.9 grams of syabu at Jalan Sin Onn Tiku in Tawau on May 26, 2005.
For firearms cases, Lim was sentenced to an imprisonment for life plus six strokes of the cane by the High Court in May 1996 for an offence under Section 5 of Firearms Act (Increased Penalties) 1971.
Lim was arrested in October 1994. Following the court’s decision, Lim had completed his custodial sentence.
Meanwhile, Ignatius was sentenced to life imprisonment by the High Court on September 29, 2011 after he was found guilty under Section 7 of the Firearms Act (Increased Penalties) 1971. He was arrested in July 2009.
Counsel Hamid Ismail represented Chung, Jamaludin, Wong, Lim and Ignatius.
Counsel Farazwin Haxdy acted for Hasanudin and Sainal while counsel Goldam Hamid defended Joseph and Vetus and counsel David Tan represented Fung.