Mohd Azmirul Shamsuddin’s final appeal against his murder conviction and death sentence was unanimously dismissed by a three-member bench today.

The bench led by Federal Court judge Vernon Ong Lam Kiat said the decision by the High Court and Court of Appeal to convict Azmirul for murder was safe to be upheld.

“We have considered the issues carefully, the evidence and the grounds of judgment of the High Court and Court of Appeal. In our mind, the main issue before us relates to the pathologist’s evidence pursuant to Section 300 (c) of the Penal Code.

“It is true that pathologist Dr Karunakaran Mathiharan did not echo the words ‘the bodily injuries suffered by the deceased were sufficient in the ordinary course of nature to cause death’.

“However, the answer to the prosecution’s question as to the nature of injuries, he (pathologist) did say that the deceased would have died from suffocation due to the manner in which she (the victim) was bound and gagged, and left under a pile of clothing. The deceased did not have any chance of survival,” he said.

Ong said based on all circumstances, the court was not persuaded by the issues raised by Azmirul’s counsel.

“Therefore, the appeal is dismissed. The conviction and sentence are affirmed,” said the judge, who presided with Zaleha Yusof and Mary Lim Thiam Suan.

On Oct 15, 2018, Azmirul was found guilty and sentenced to death by the Shah Alam High Court. He lost his appeal at the Court of Appeal which was dismissed on Oct 22, 2019.

Azmirul, 42, was charged with murdering Rabiatul Adawiah Abd Aziz, 23, at an apartment in Sungai Way, Petaling Jaya, near here, at 8.22 pm on March 4, 2015.

The charge, under Section 302 of the Penal Code provides for a mandatory death penalty upon conviction.

Azmirul was represented by lawyer G C Tan while deputy public prosecutor Ng Siew Wee appeared for the prosecution.