PUTRAJAYA, March 30 — A former vocational college student, previously convicted of culpable homicide and sentenced to 15 years’ imprisonment, will now serve a longer term after the Court of Appeal convicted him of murdering his ex-girlfriend.
A three-member bench comprising Justices Datuk Azman Abdullah, Datuk Mohamed Zaini Mazlan, and Datuk Azmi Ariffin today allowed the prosecution’s appeal, setting aside the High Court’s earlier decision.
The High Court had convicted Ahmad Faisal Omar on an amended charge of culpable homicide not amounting to murder under Section 304(a) of the Penal Code and sentenced him to 15 years’ imprisonment.
The Court of Appeal reinstated the murder charge under Section 302 of the Penal Code and sentenced the accused, 26, to 30 years’ imprisonment and 10 strokes of the cane. The sentence is to run from May 24, 2018, the date of his arrest.
Delivering the unanimous judgment, Justice Azmi said that there is overwhelming evidence showing that the respondent had the intention to cause death through his act of strangling the deceased.
He noted that Faisal himself admitted in his defence to strangling Nuralya Damia Mohd Hairi, 19, and that the cause of death by strangulation was confirmed by the pathologist.
There was no evidence of any serious or sudden provocation as claimed by the defence, as the respondent’s actions clearly fell within the scope of Section 300(c) of the Penal Code, since the act of strangulation was sufficient in the ordinary course of nature to cause death.
Justice Azmi said the prosecution had proven its case beyond a reasonable doubt under Section 302 of the Penal Code.
Faisal was initially charged with murdering Nuralya. However, on June 23, 2023, the High Court in Seremban convicted him of culpable homicide not amounting to murder and sentenced him to 15 years’ imprisonment, prompting the prosecution’s appeal.
The offence occurred at a roadside in Taman PD Permata, Lukut, Port Dickson, Negeri Sembilan, between 8.30pm and 10.30pm on May 24, 2018.
According to the prosecution, the accused and the deceased were acquainted while studying at a vocational college and had a romantic relationship.
They separated in February 2018, but the deceased later requested to resume the relationship, which Faisal refused.
On the day of the incident, the respondent met Nuralya, and while in the car, an argument ensued, and he ended up strangling her. When he saw that she was weakened, he opened the car door, pushed her out, and returned to his rented house.
In his defence, Faisal maintained that he had met the deceased only to discuss matters concerning their relationship and never intended to kill her.
At today’s proceedings, Deputy Public Prosecutor Mohamed Aznin Mohamed Ariff appeared for the prosecution, while lawyer Diar Isda Yazmin Ismail represented the accused.
Faisal’s only remaining recourse is a final appeal to the Federal Court.
