PUTRAJAYA: A businessman was sentenced to death after the Federal Court today dismissed his appeal in the murder of a pub bouncer in Batu Pahat, Johor, seven years ago.
A three-member bench, chaired by Mohd Zawawi Salleh, said the conviction of Lim San Mak was safe.
“We are not persuaded to depart from the findings of the High Court which was affirmed by the Court of Appeal, said Zawawi, who sat with Hasnah Mohammed Hashim and Mary Lim Thiam Suan.
The High Court in Muar convicted Lim, 51, on Feb 12, 2018 and the Court of Appeal upheld the ruling on Aug 14 last year.
The accused killed P Rooneskumar, 22, in front of Kuwait Finance House on Jalan Flora Utama in Batu Pahat at 1.50am on June 15, 2013.
Court-assigned lawyer T Vijaya Sandaran submitted that the conviction was unsafe as prosecution witness Teo Kok Ann was unable to positively recognise Lim during a police identification parade and in the dock during trial.
“The lighting at the crime scene was poor and there is doubt as to who fired the shot at the victim,” he added.
Deputy public prosecutor Nik Shahril Nik Abd Rahman said Teo, also a bouncer and the only eyewitness to the crime, saw Lim holding a gun and shooting Rooneskumar.
“There is overwhelming evidence that the accused committed the crime,” he said.
Facts of the case revealed that Lim and a group of his friends went to the De Palais Pub, which is close to the Kuwait Finance House building, around 9pm on June 14, 2013
Rooneskumar and Teo were then on duty at the pub.
Lim and his friends were in a private room consuming liquor. He is said to have kicked a table that resulted in a glass to fall and break.
Nik Shahril said the victim and Teo then advised Lim to return home which he did.
The deceased and Teo also left the room but were later stationed outside the pub.
About 15 minutes later, Lim returned and fired a shot at Teo, who was injured on his thigh.
He later discharged another shot at Rooneskumar and a post-mortem later revealed the victim died due to a gunshot wound to the heart.
Lim then fled and was caught by police in Kuala Krai, Kelantan, in April 2014.
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