PUTRAJAYA: The Federal Court has affirmed the conviction and death sentence of an unemployed man for killing three foster relatives.
The three-member bench comprising Chief Justice Tun Tengku Maimun Tuan Mat and Federal Court judges Datuk Harmindar Singh Dhaliwal and Datuk Abu Bakar Jais held that there was no merit in Luqman Hadi Mustapa’s appeal.
Justice Tengku Maimun, in handing down the court’s unanimous decision on Tuesday (Sept 19), said based on the totality of evidence, the court found that Luqman’s conviction for the murder offence is safe.
She also said the court is not inclined to disturb the death sentence imposed on Luqman by the High Court and upheld by the Court of Appeal.
On Aug 16, 2019, the Melaka High Court sentenced Luqman, 33, to death after finding him guilty of murdering his foster mother’s sister Mariah Baharim, 61, her husband Hassan A Wahab, 70, and their 22-year old son Muhammad Taufeq.
Luqman’s appeal was dismissed by the Court of Appeal on Aug 25 last year.
The High Court also found Luqman guilty on two charges of attempting to murder the couple’s daughters Noor Haslinda Diyana, 26, and Nur Aqedah Aeina, 24, and sentenced him to 10 years' jail on each charge, to run concurrently.
He did not appeal that decision.
He was accused of committing the offences at a house in Jalan Sidang Said in Bertam Malim, Melaka between 5.50am and 6.15am on Aug 25, 2016.
During the trial at the High Court, 25 witnesses testified for the prosecution and when the court ordered Luqman to enter his defence, he opted to remain silent.
Lawyer Datuk Hazman Ahmad said the High Court judge Datuk Wira Ahmad Nasfy Yasin (now a Court of Appeal judge) erred when he rejected his client’s defence of insanity under Section 84 of the Penal Code despite the psychiatrist’s report not disputing his defence.
On the sentence, Hazman asked the court to consider commuting the death sentence to life imprisonment of 30 to 40 years in jail.
Deputy public prosecutor Mohd Khushairy Ibrahim, assisted by DPP Aida Khairuleen Azli, argued that Luqman relied on the psychiatrist's report to show that he was under the influence of drugs at the time of the incident and that he did not know what he was doing.
He said, however, that Luqman had adduced no other evidence to support his version.
He also urged the court to uphold the death sentence, saying that Luqman’s conduct showed a blatant disregard for the sanctity of human life. – Bernama
