JOHOR BARU: The Federal Court has set aside the death sentence against two men convicted of two high-profile murder cases in 2011 and 2013.
Chief Justice Tun Tengku Maimun Tuan Mat presided over a three-member panel which sat here on Monday (July 15).
The other members were Federal Court Judges Datuk Nordin Hassan and Datuk Hanipah Farikullah.
In the first case, the panel set aside the death sentence against Indonesian national La Ode Ardi Rasila, 47, who was convicted by the Shah Alam High Court in 2014 of murdering bank officer Norazita Abu Talib the year before.
Instead, La Ode was sentenced to 38 years imprisonment with 12 strokes of the cane for the charge under Section 302 of the Penal Code for murder.
He was also sentenced to 33 years in jail with 12 strokes of the cane for the (a) second charge under Section 3 of the Firearms (Increased Penalties) Act 1971.
The sentences were ordered to run concurrently from the date of his arrest, which was on Nov, 10, 2013.
On Feb 29, 2016, the Federal Court in Putrajaya upheld the death sentence against La Ode after a panel of five judges led by Court of Appeal president Tan Sri Md Raus Sharif unanimously rejected his appeal because they were satisfied that there was sufficient evidence to uphold the decision of the Shah Alam High Court.
La Ode settled in the country using a fake identity card to find work before becoming a security guard in 2012.
He was convicted of killing Norazita, 37, in a building along Jalan Sentral 2 at USJ Sentral in Subang Jaya between 6pm and 6.30pm on Oct 23, 2013.
La Ode then reportedly asked the victim's colleague to place about RM500,000 in cash in a bag before escaping.
Meanwhile, a former trader escaped the gallows after the Federal Court also set aside his death sentence for murdering a French tourist in May, 2011.
Instead, the court sentenced Asni Omar, 49, to 36 years in jail with 12 strokes of the cane starting from the date of his arrest, July 21, 2011.
Asni was convicted by the Kuantan High Court under Section 302 of the Penal Code for killing Stephanie Foray, 30, at a house in Kampung Tekek between 8pm on May 10 and noon on May 12, 2011.
Foray's remains were found some three months later buried in a cave in Pulau Tioman.
On Aug 16, 2016, the Federal Court upheld Asni's death sentence after his appeal was ultimately rejected by a five-member panel led by the then chief justice, Tun Arifin Zakaria who decided that there was no merit in the appeal.
Deputy public prosecutor Muhamad Iskandar Ahmad prosecuted the two cases while S. Selvi represented La Ode and Kee Wie Lon and Ee Gen You represented Asni.
