Murder: Two Filipinos’ death sentences commuted
Published on: Thursday, June 27, 2024
By: Cynthia D Baga
For Mohd Hussin, Justice Amar set aside the death sentence imposed on Mohd Hussin, 34, and substituted it with life imprisonment of 35 years from the date of his arrest on May 10, 2009 for murder.
Kota Kinabalu: Two Filipinos sentenced to death for murder saw their sentences commuted to life imprisonment by the Federal Court, Wednesday.
The three-member bench comprising Justices Tan Sri Amar Abang Iskandar Abang Hashim, Datuk Nordin Hassan and Datuk Abu Bakar Jais allowed Mohd Hussin Abdul Karim and Salahuddin Orah’s review applications under the Revision of Sentence of Death and Imprisonment for Natural Life Temporary Jurisdiction of the Federal Court) Act.
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For Mohd Hussin, Justice Amar set aside the death sentence imposed on Mohd Hussin, 34, and substituted it with life imprisonment of 35 years from the date of his arrest on May 10, 2009 for murder.
He also ordered 12 strokes of the cane to be given to Mohd Hussin.
On April 8, 2011, the High Court sentenced Mohd Hussin to death after finding him guilty of murdering Kedin Repad at 1.30am on May 10, 2009 at the Tamu Ground in Keningau.
Mohd Hussin lost his appeals at the Court of Appeal on July 8, 2014 and at the Federal Court on Oct 26, 2016.
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Earlier, assigned counsel Shahlan Jufri submitted, among others, that the applicant was remorseful of his act and that it was not the rarest of the cases as the applicant had only used a glass, beer bottle and flower pot during the incident.
Shahlan further submitted that because the deceased could not pay the bill of the beer during the drinking session, a fight occurred.
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He proposed 30-35 years imprisonment and whipping.
In reply, Deputy Public Prosecutor Zulkifli Abdullah, as respondent applied for the death sentence to be maintained and argued, among others, the deceased had suffered multiple injuries on his head and face.
He added that because of a small misunderstanding between the applicant and the deceased over the beer bill, the applicant had committed the offence.
Zulkifli submitted that should the court allow the application, they applied for a jail term of not less than 35 years.
Meanwhile, for Salahuddin, the panel commuted the death sentence and replaced it with imprisonment of 37 years.
The High Court in Tawau on June 25, 2012 had convicted Salahuddin and sentenced him to death after he was found guilty of killing Elsid Eddie, 20, at 9.40pm on April 4, 2006 at a house in Kg Sri Takun Tungku in Lahad Datu.
He lost his appeals at the Court of Appeal on June 1, 2015 and Federal Court on Oct 25, 2016.
The panel had spared Salahuddin from whipping due to his age and ordered him to serve the jail sentence from date of his arrest on April 5, 2007.
In applying for the death sentence to be commuted to life imprisonment of between 30-35 years, Shahlan submitted, among others, that the applicant had used a machete, a common weapon used in murder cases.
He also added he believed the applicant will reform as he was remorseful and that it was his first offence.
The prosecution in objecting to the application, submitted that the applicant had brutally killed the victim by slashing the victim, who was his neighbour, to death because of damaging the vegetables which he planted.
Should the court allow the application, the prosecution can apply for 40 years imprisonment to be imposed on Salahuddin.
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