KOTA KINABALU: The Federal Court yesterday affirmed the death sentence imposed on a local rubber tapper for the murder of his younger brother seven years ago.
Federal Court president Tan Sri Md Raus Sharif who sat with the Chief Judge of Sabah and Sarawak Tan Sri Richard Malanjum and Federal Court judges Dato’ Bentara Luar Dato’ Hashim Dato’ Hj Yusoff, Tan Sri Abdull Hamid Embong and Dato’ Jeffrey Tan Kok Wha, unanimously dismissed an appeal by Joseph Che Suan @ Swan Ajuk, 60, against the decision of the Court of Appeal in upholding the death sentence imposed by the High Court.
The panel of five judges after hearing the submission from Che Suan’s assigned counsel, Hamid Ismail and the reply from deputy public prosecutor Jamil Arifin, unanimously held that they concurred with the decision of the High Court and the Court of Appeal.
The Court of Appeal had on January 21, this year, affirmed the High Court’s decision to sentence the appellant to death after finding the latter guilty of murdering his 50-year-old brother Julius in front of a hut in a rubber plantation at Kampung Sugian Ulu, Kemabong in Tenom on October 17, 2006.
Che Suan was convicted under Section 302 of the Penal Code which provides for the mandatory death sentence upon conviction.
Earlier, Hamid submitted, amongst others, that there was insufficient evidence to establish a prima facie case against the appellant under Section 302 of the Penal Code.
He contended that the presence of evidence showing a sudden fight should have been considered by the High Court and Court of Appeal.
Hamid pointed out that there was a fight between the appellant and the deceased which led to the latter’s death.
In his rebuttal, Jamil urged the court to dismiss the appellant’s appeal against conviction and death sentence on the ground that the Court of Appeal was correct in ruling that the evidence of a sudden fight was a hearsay, contending that there was no evidence of a sudden fight as such.