PUTRAJAYA: A married couple escaped the death penalty on Thursday (Aug 1) after they pleaded guilty to a lesser charge of culpable homicide not amounting to the murder of their friend.
The Federal Court’s three-man panel led by Datuk Harmindar Singh Dhaliwal sentenced Abu Bakar Mahamad, a golf caddy, to 18 years in prison while his wife, housewife Siti Syariza Ibrahim received a 15-year jail term.
The judge ordered the couple to begin their sentence from Dec 19, 2016, the date of their arrest.
Justice Harmindar also set aside the death sentence previously imposed on the couple.
Sitting with him were Justices Datuk Abu Bakar Jais and Datuk Vazeer Alam Mydin Meera.
Abu Bakar, 45, and his wife, 31 were previously sentenced to death by the High Court for the murder of Md Az’ari Saim.
On Thursday, the Federal Court was supposed to hear appeals against their conviction and death sentence.
However, deputy public prosecutor Eyu Ghim Siang informed the court that the Attorney-General’s Chambers agreed to offer an amended charge of culpable homicide not amounting to murder, on the condition that the couple plead guilty to the charge.
The alternative charge was then read to the couple, who subsequently pleaded guilty.
According to the charge, they committed the offence in a chicken coop at an unnumbered hut next to a shrimp pond in Kampung Muhibah, Gugusan Adela, Kota Tinggi District, Johor.
They committed the crime with another individual who is still at large, between 7am and 11.30pm on Nov 30, 2016.
The facts of the case revealed that a fisherman discovered a dead body wrapped in green-coloured fencing wire, entangled in his fishing net.
The body was found with only underpants on and a pair of socks.
According to the facts of the case, Siti Syariza had contacted the deceased to lure him to meet at Kampung Melayu Majidee on the pretext of celebrating the deceased’s birthday which resulted in the victim being beaten up and eventually led to his death.
Evidence adduced at the High Court showed that the deceased had been hit, punched, and kicked before being left inside a chicken coop.
His wrists and legs were bound and tied to the coop's wall.
The deceased was discovered dead by one of Abu Bakar’s friend later that day.
Abu Bakar had ordered the disposal of the body.
He (Abu Bakar), along with two others dumped the body in the middle of the sea.
The prosecution had contended that the motive behind the killing was that Siti Syariza had an affair with the deceased.
The couple were initially charged with four others for the murder.
However, the four accused persons pleaded guilty to lesser charges related to helping dispose of the body with the intent of concealing the death and causing harm to the deceased.
These individuals were sentenced to imprisonment terms ranging from 40 months to four years.
During the proceedings today, Abu Bakar was represented by lawyers G. Subramaniam Nair, Devika Suppiah, and Dhanesh Subramaniam Nair, while Siti Syariza was represented by lawyer Md Hazza Md Khalid.- Bernama
