KUCHING: The Federal Court here yesterday dismissed the appeals by Mohamad Nazarie Halidi, 27, and Suffry Empi, 30, who appealed not to be sentenced to death after they were found guilty on April 26, 2017 for the murder of a businessman.
The Federal Court’s panel of judges comprising Tan Sri Dato Sri Ahmad Maarop, Tan Sri Dato Sri Azahar Mohamed, Datuk Seri Panglima David Wong Dak Wah, Dato Setia Mohd Zawawi Salleh, and Datuk Nallini Pathmanathan unanimously dismissed the appeals made by both accused.
Both were found guilty, especially after their DNA were found on objects used as weapons in the murder.
Nazarie and Suffry killed Hii Nek Kah, 68, at his home in Matang Family Park, Jalan Matang, between 9pm and 11pm on Jan 30, 2015.
The accused, both labourers, were charged under Section 302 of the Penal Code, which carries the mandatory death sentence.
They used a stick to hit Hii on the neck and head, leaving him to bleed to death.
Both were detained on the same day after they were seen at Main Bazaar here using a four-wheel drive vehicle belonging to the victim.
Nazarie and Suffry were hired as daily workers to renovate a house belonging to Hii that was used as a lodging house.
The prosecution summoned 18 prosecution witnesses while the defendants only summoned the two accused to give evidence.
Datuk Mohamad Hanafiah Zakaria prosecuted while Nazarie was represented by counsel Fung Lee Fook, and Suffry by counsel Wilfred Yap.