PUTRAJAYA, Nov 26 — The Federal Court has upheld a 35-year jail sentence and 24 strokes of the cane imposed on an unemployed man convicted of causing the death of his younger brother and an aunt nine years ago.
A three-judge panel, chaired by Justice Datuk Nordin Hassan, unanimously dismissed the final appeal by Azman Wahab, 41, to set aside the conviction and sentence handed down by the Court of Appeal on November 14 last year.
"The court dismissed the appellant's (Azman) application to introduce new evidence. The appellant's appeal to set aside the conviction and sentence handed down by the Court of Appeal is dismissed, and the conviction and sentence of 35 years and 24 strokes of the cane handed down by the Court of Appeal is upheld," he said.
The other two judges are Datuk Seri Vazeer Alam Mydin Meera and Judge Tan Sri Ahmad Terrirudin Mohd Salleh.
Earlier, lawyer Ai Cha Ran, representing the accused, requested that new evidence, namely three reports related to the case, be submitted to support the appeal.
However, Deputy Public Prosecutor Siti Rafidah Zainuddin objected, saying the reports were not new evidence, as they had been presented in court during the trial.
On August 25, 2022, the Alor Setar High Court convicted Azman on a charge of causing death under Section 304(b) of the Penal Code and sentenced him to 16 years in prison.
However, on November 14 last year, the Court of Appeal set aside the High Court's decision after allowing the prosecution's appeal to convict the accused on the original charge of murder under Section 302 of the Penal Code after finding that there was merit in the prosecution's appeal.
Azman was convicted of killing his younger brother Muhammad Azwan, 26, in the living room of their house in Kampung Lanai, Parit Panjang, Baling, Kedah, at 11am on October 2, 2016.
He was also found guilty of killing Rokiah Abdullah, 54, outside the same house at 11.10am the same day.
Section 302 of the Penal Code provides the death penalty or a minimum prison sentence of 30 years and a maximum of 40 years, and whipping not exceeding 12 strokes if not hanged, upon conviction.
