PUTRAJAYA, Aug 13 — The Federal Court has upheld the death sentence imposed on a former chef for the murder of his four-year-old stepson in 2015.
A three-member bench comprising Justices Datuk Rhodzariah Bujang, Datuk Che Mohd Ruzima Ghazali, and Datuk Mohd Nazlan Mohd Ghazali dismissed Mohd Sazly Zamry's final appeal against his conviction and sentence.
Justice Rhodzariah, delivering the unanimous decision, described the appellant's killing of the innocent four-year-old boy as nothing short of heinous and diabolical.
Equally damning against the appellant was the pathologist's undisputed evidence that the deceased had sustained 29 external injuries to his body and head, injuries that could not have been inflicted by anyone other than the appellant.
“The brutality perpetrated against the defenceless and innocent victim is beyond comprehension and is totally reprehensible, despicable, and heinous, which shocked not only judicial conscience but also the collective conscience of our society,” she said.
Justice Rhodzariah added that the death sentence was the only punishment commensurate with the crime committed by Sazly, 49.
Earlier, she said the appellant's conviction was safe, as the prosecution had presented strong circumstantial evidence establishing his culpability beyond reasonable doubt.
He was the sole custodian of the deceased for two weeks at the material time, while his wife was at work. During that period, the deceased was subjected to constant verbal and physical abuse.
Justice Rhodzariah noted that Sazly had sought a neighbour's help to dispose of the boy's body, claiming that the child had been knocked down in an accident by a friend he refused to name. He also resisted arrest and prevented his wife from opening the door when police arrived.
The appellant was convicted and sentenced to death by the Shah Alam High Court on Jan 17, 2020, for killing Aidil Adha, the son of his second wife, at a house in Jalan Sungai Udang, Klang, between 2pm and 6.15pm on December 20, 2015. Subsequently, the Court of Appeal dismissed his appeal on April 14, 2023.
Witnesses testified that the victim was locked in a room for two weeks, with a rope tied from the inside to the outside of the door.
During that time, he was subjected to scolding and beatings. His body was later found in an unused toilet behind the house. DNA from the victim was found on a cane and a mop handle, while mixed DNA was detected in blood splatters on the wall.
At today's Federal Court hearing, Deputy Public Prosecutor Eyu Ghim Siang argued for upholding the death sentence, emphasising the two weeks of sustained abuse.
In contrast, defence lawyer Datuk Rozal Azimin Ahmad sought to have the sentence commuted to imprisonment.
