PUTRAJAYA: The Court of Appeal here yesterday upheld the death sentence on a former backhoe driver found guilty of murdering an 18-year-old girl, almost 12 years ago.
A three-man bench chaired by Justice Datuk Tengku Maimun Tuan Mat unanimously dismissed Kher Tian Hock’s appeal against the conviction and death sentence imposed on him by the Shah Alam High Court on May 12, last year.
The panel which also included Court of Appeal judge Datuk Ahmadi Asnawi and High Court judge Datuk Kamardin Hashim ruled that the High Court did not commit any error on the facts and law when convicting Kher, 41.
Justice Tengku Maimun said Kher had the intention to kill See Sheau Fang.
Kher murdered the Form Five student at a house in Taman Perwira Sijangkang, Telok Panglima Garang, Kuala Langat, Selangor between 9.30 am and 5.30 pm on Feb 28, 2004.
On March 3, 2004, he escaped from the police lockup in Tanjung Sepat Police station and was re-arrested in Masai, Johor eight years later, on Oct 20, 2011.
The deceased was waiting for her SPM results when her family reported her disappearance on Feb 26, 2004.
Evidence from the post-mortem indicated that her body was wrapped in a plastic bag, with the hands tied behind the back. The body was found in a hole which was sealed with concrete in front of a house in Taman Perwira Sijangkang.
Kher’s counsel Bernard George submitted that the girl’s death was caused by drug overdose adding that the pathologist did not make a conclusive decision on the cause of death.
Deputy public prosecutor (DPP) Wong Poi Yoke submitted that the cause of the girl’s death was uncertain as her body had decomposed.
She said Kher’s younger brother testified in the court that he watched Kher strangle the girl for about 10-20 minutes and putting her in the black plastic bag.
She said although the younger brother was an accomplice as he had held the girl’s legs while Kher strangled the victim, his evidence was credible.
DPP said Kher called for a backhoe to dig a hole at the house and he was present when the hole was dug up. She said Kher also paid the driver of the backhoe.
She said Kher intended to kill the girl because he had bound her up to ensure she could not escape and that he (Kher) was found in possession of the RM40,000 ransom paid by the victim’s father. — Bernama