KOTA KINABALU: The Federal Court here yesterday upheld the death penalty for a 53-year-old man convicted of a murder seven years ago.
The five-member panel chaired by Justice Tun Arifin Zakaria was unanimous in dismissing Ejah Jaafar’s appeal against his conviction. The panel also comprised Justices Tan Sri Abdul Hamid Embong, Dato’ Hasan Lah, Datuk Zainun Ali and Dato’ Jeffery Tan Kok Wha.
They ruled that the principle of grave and sudden provocation did not apply in this case when affirming the appellant’s conviction and death sentence.
The appellant was convicted on March 6, 2009 by the High Court in Sandakan for murdering Hajan Jaiman, 37, on October 21, 2006 at an unmarked house in Kampung Muhibbah, Mile 2½, Jalan Utara, Sandakan, with three persons who are still at large.
The offence under Section 302 of the Penal Code carries the mandatory death sentence upon conviction.
His first appeal in the Court of Appeal on September 19, 2011 was dismissed on the grounds that the conviction and death sentence imposed on him was correct.
Earlier, the appellant’s counsel, Hamid Ismail, submitted that the learned trial judge had improperly evaluated the evidence in the defense case.
Hamid contended that his client had committed the act on the premise of grave and sudden provocation and that the learned trial judge had not considered this in his ruling.
The appellant further submitted that the learned trial judge did not consider facts not in evidence of the case and that the charge was not proven beyond reasonable doubt.
In her reply, deputy public prosecutor, Magai Krishnan, said the defense case was indeed properly evaluated by the learned trial judge.
She said due to there being no grave and sudden provocation because of a cooling off period of seven and a half hours between the attacks against the victim.