
Judge Vernon Ong Lam Kiat, who led a three-member bench, said the judges were not convinced that Izwanuddin Kasim’s appeal against the conviction had merit.
“Our view is there is overwhelming circumstantial evidence to implicate the appellant to the crime,” said Ong, who sat with Zaleha Yusof and Harmindar Singh Dhaliwal.
He said there was also no appealable error by the trial judge, whose finding was confirmed by the Court of Appeal.
Deputy public prosecutor Abd Ghafar Ab Latif appeared for the prosecution, while Rosli Kamaruddin represented Izwanuddin, a father of two.
On Oct 1, 2017, trial judge Mohd Sofian Abd Razak said the prosecution had proved its case beyond any reasonable doubt against Izwanuddin,41, for the murder of Yong Boon Cheong, 54, at Jalan Skudai in Danga Bay, Johor Bahru, between 6am and 7am on July 4, 2014.
This case attracted public attention after Yong’s burnt remains were found at an oil palm plantation in Batu Pahat about 24 hours after he was reported missing by his wife.
The trial was told that there had been a fight between Izwanuddin and Yong at the businessman’s house in Danga Bay.
Izwanuddin had demanded that Yong pay an undisclosed sum of money to repair his car which had been involved in an accident with Yong’s vehicle. He claimed that the damaged vehicle belonged to a member of the royal family.
When Yong refused to pay, a fight broke out between the two, which later resulted in them going to several other locations in their bid to settle the matter.
After the fight, the men got into Izwanuddin’s car and went to a place which he claimed was Istana Pasir Pelangi. They then got into another car and headed for Restoran Singgah Selalu.
It was at the restaurant that Yong tried to run but was stopped by Izwanuddin, who hit him until his face bled.
The court also heard evidence that Izwanuddin called a Singaporean friend, Noriskandar Zainal Yahya, to help resolve the matter.
Noriskandar was initially jointly charged with Izwanuddin with Yong’s murder, but later pleaded guilty to an amended charge of helping to dispose of evidence.
Noriskandar had brought his girlfriend along when he went to meet Izwanuddin at the restaurant. They later left in Noriskandar’s car and dropped off his girlfriend at Sultanah Aminah Hospital before continuing their journey.
The court heard that Yong could have been murdered between the time Noriskandar’s girlfriend was dropped off and when they continued their journey towards Batu Pahat.
According to Noriskandar, when he accompanied his girlfriend out of the car at the hospital, the other two men remained in the car. He claimed that Yong was still alive then.
When Noriskandar returned, he saw Yong lying down while leaning towards Izwanuddin in the back seat. Izwanuddin asked Noriskandar for a piece of cloth to place behind Yong’s head.
Noriskandar then drove his car to Kulai, before Izwanuddin took over the wheels as Noriskandar slept.
When the men arrived at an oil palm plantation in Batu Pahat, Izwanuddin started a fire with some petrol that he bought and torched Yong’s body under a pile of old tyres.
The evidence showed that Yong succumbed due to a stab wound bearing a pattern consistent with that of a brass knuckle blade belonging to Izwanuddin.
A pathologist from Sultanah Aminah Hospital who examined the body testified that Yong had died from a stab wound to the heart before he was set on fire.
A total of 28 witnesses were called during the trial that took more than two years.