This followed a decision by a three-judge panel led by Chief Justice Tengku Maimun Tuan Mat to allow an application by M Murthy, 46, under the Revision of Sentence of Death and Imprisonment for Natural Life (Temporary Jurisdiction of the Federal Court) Act 2023.
Tengku Maimun, when delivering the unanimous decision, ordered Murthy to serve the sentence from the date of arrest on Feb 9, 2007.
The other two judges were Court of Appeal president Abang Iskandar Abang Hashim and Federal Court judge Nordin Hassan.
On Dec 17, 2010, the Shah Alam High Court sentenced Murthy to death for killing M Ruthren, aged two years and nine months, at a house along Jalan Kapar, Sungai Klang, Klang, at 4.15pm on Jan 20, 2007.
His appeals to the Court of Appeal and Federal Court were dismissed.
According to the facts of the case, the father of seven had stepped on Ruthren’s head until the boy turned blue because he could not stand the child’s crying.
He then wrapped the child in a piece of cloth and stuffed him in a suitcase before leaving the house on a motorcycle.
Following investigations, it was found that Murthy had thrown the bag into a drain from where it flowed into the sea and was found by fishermen near Pulau Sembilan, Teluk Intan, Perak, a few months later.
Earlier, lawyer Abdul Rashid Ismail, representing Murthy, said his client suffers from severe schizophrenia and a major depressive disorder with psychotic features.
“We urge this court to consider alternative sentences that take into account the applicant’s mental health needs, his capacity for reform and the interest of justice.
“The applicant’s mental condition raises serious doubts about his level of culpability and his ability to fully comprehend the nature and consequences of his actions.
“No death sentence ought to be imposed on the applicant,” he said.
Deputy public prosecutor Solehah Noratikah Ismail countered this argument by saying the applicant only began suffering a mental disorder while serving his sentence, not when the incident occurred.
“The victim is his son and the incident was witnessed by his other son,” she said.