PUTRAJAYA: A former oil and gas contractor will be sent to the gallows after the Federal Court today dismissed his appeal for the murder of an electronic appliances shop owner seven years ago.
A three-member bench chaired by Nallini Pathmanathan said the words uttered by the victim against the accused, Yusof Saruan, had not amounted to grave and sudden provocation.
“Further, the appellant’s conduct was vastly disproportionate as stated by the Court of Appeal,” she said.
Yusof, 49, committed the offence against Oh Son Liong at the Powertek power station in Teluk Gong, Kuala Sungai Baru in Alor Gajah, Melaka between 2.30pm and 10pm on July 31, 2013.
Nallini, who sat with Vernon Ong Lam Kiat and Zaleha Yusof, said the injuries suffered by Oh were brutal and gruesome, citing multiple stab wounds as well as the fact that his intestines were found outside of his body.
“This is clearly sufficient as borne by the pathologist’s evidence to amount to murder,” she said.
She also dismissed the defence of automatism, saying the evidence on record showed that Yusof had been mentally alert at the time.
“This is borne out by his conduct, both before and after the incident, where he took a knife with him to the scene and robbed the deceased of his belongings,” she said.
She said that under the circumstances, the bench was satisfied with the ruling and conviction of the Court of Appeal.
“We therefore affirm the decision of the Court of Appeal. The appeal is dismissed,” she said.
Deputy public prosecutor Mohd Dusuki Mokhtar prosecuted while court-assigned lawyer Sukhaimi Mashud represented Yusof.
The High Court had initially reduced Yusof’s murder charge to culpable homicide not amounting to murder. He was sentenced to 25 years in jail.
However, the Court of Appeal reinstated the murder charge last year and found him guilty.
The incident took place when Oh went to collect a debt from Yusof.
The defence claimed that Oh had used harsh and racially charged words against Yusof.
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