JOHOR BAHRU: The Federal Court on Monday (July 15) set aside the death sentence imposed on a former Indonesian security guard for the murder of AmBank Subang Jaya branch officer Norazita Abu Talib in 2013 and replaced it with a prison sentence of 38 years and 12 strokes of the cane.
A three-judge panel chaired by Chief Justice Tun Tengku Maimun Tuan Mat commuted the death sentence after allowing an application by La Ode Ardi Rasila, 47, for a review of his death sentence.
Sitting with Judge Tengku Maimun were Federal Court Judges Datuk Nordin Hassan and Datuk Hanipah Farikullah.
The panel also set aside the death sentence meted out to La Ode for a charge under the Firearms Act and replaced it with 33 years imprisonment and 12 strokes of the cane.
La Ode, who is from Sulawesi and has three children, is ordered to serve the two prison sentences concurrently from the date of arrest, which was Nov 10, 2013.
Deputy public prosecutor Noorhisham Mohd Jaafar appeared for the prosecution, while lawyer Selvi Sandrasegaram represented La Ode.
On Aug 14, 2014, the Shah Alam High Court sentenced La Ode to death after finding him guilty of murdering Norazita, 37, at the AmBank building, Jalan USJ Sentral 2, Subang Jaya between 6pm and 6.30pm on Oct 23, 2013.
The charge, framed under Section 302 of the Penal Code, provides for the mandatory death sentence.
He was also charged under Section 3 of the Firearms (Increased Penalties) Act 1971 with firing a shot from a pump gun to cause Norazita's death at the same time and place.
The offence carries the death sentence upon conviction.
A total of 24 prosecution witnesses and one defence witness were called to testify throughout the trial which began on June 24, 2014.
According to the facts of the case, Norazita, 37, and another bank officer were placing cash in the vault when La Ode, who was on duty as a relief security guard at the branch, fired a shot, hitting Norazita in the face, causing her to fall.
La Ode then pulled the other bank officer out of the vault and proceeded to take out RM450,000 in cash before fleeing the bank.
The police investigation showed that part of the money was recovered from another Indonesian security guard who confirmed that La Ode had given him the money.
La Ode was subsequently arrested in Johor and police recovered the pump gun in a drain in Subang Jaya.