PUTRAJAYA: The Court of Appeal commuted a kitchen helper’s death sentence to 35 years in prison for killing his best friend over a handphone.
The three-member panel of judges, comprising Justices Hadhariah Syed Ismail, Ahmad Zaidi Ibrahim and SM Komathy Suppiah, also ordered Sam Chai Ewon, 42, to be whipped 12 times.
In delivering the court’s unanimous decision on Tuesday (Aug 22), Justice Hadhariah said Sam’s conviction for the murder is safe to be upheld and the court dismisses his appeal against his conviction.
She said Sam’s conduct that had caused Kamal Long’s death was cruel.
On the sentence, Justice Hadhariah, however, set aside the death sentence imposed on Sam by the High Court and replaced it with 35 years in jail and 12 strokes of the cane.
Sam was found guilty by the High Court on Oct 8, 2021, for murdering Kamal, 50, a lifeguard, at the corridor of the Awana Sri Layang workers' quarters in Genting Highlands in Bentong, Pahang at 10.30 pm on Oct 4, 2017. He was sentenced to death.
A bellman at the resort testified in the trial that he saw Sam kick Kamal’s face and on his ribs as well as step on the deceased’s chest and face, causing him to hit his head on the wall. The witness claimed that Sam was "like kicking a ball”.
In defence, Sam said Kamal, who was his roommate, had occasionally been stealing his belongings.
He said on the night of the incident, both of them, whom he said shared a good relationship, were drinking alcohol in their room and were both drunk.
He said after coming back from the toilet, Sam realised that his handphone was missing and alleged that the deceased had taken it.
He got angry and asked the deceased where the handphone was but Kamal replied that he didn’t know, and he (Sam) started hitting him.
Lawyer Nik Mohamd Ikhwan Nik Mahamud, who was appointed by the court to represent Sam, asked the court to commute his client’s death sentence to imprisonment saying that Sam did not have the intention to cause the death of his best friend and that he only wanted to injure him.
He said it was an error on the part of his client, who had resorted to violence instead of resolving the dispute.
Deputy Public Prosecutor Parvin Hameedah Natchiar argued that witnesses who saw Sam hitting, kicking and injuring the deceased were warned by him (Sam) not to interfere.
She said it was Sam’s attacks that evening that led to Kamal’s death, adding that the Kuala Lumpur Hospital forensic specialist testified that the deceased have suffered serious bleeding in his brain which resulted in his death. - Bernama
