No way out: A file photo of Koong being led away from the courthouse after he was charged with two counts murder and attempted murder. The Federal Court upheld the death penalty for Koong yesterday.
PUTRAJAYA: The Federal Court has upheld the death penalty of a former tow truck driver convicted of murdering AmBank founder Hussain Ahmad Najadi 11 years ago.
This followed a decision by a three-judge panel of the court to dismiss Koong Swee Kwan’s request for a review of his death sentence under the Revision of Sentence of Death and Imprisonment for Natural Life (Temporary Jurisdiction of the Federal Court) Act 2023.
The panel comprised Justices Datuk Harmindar Singh Dhaliwal, Datuk Rhodzariah Bujang and Datuk Hanipah Farikullah.
Justice Harmindar said yesterday that the court of law must consider compassion and mercy when deciding whether to commute a death sentence, and that the death penalty only applies in exceptional cases.
However, Koong’s case, which he described as an exceptional case with exceptional facts, involved an execution-style murder in which the victim received seven gunshot wounds to the chest.
Justice Harmindar said the killing was also carried out in broad daylight, with the shots fired at close range.
“This is clearly a premeditated act to ensure the deceased did not survive. The murder shocked the conscience of society, causing ordinary people to fear for their safety,” he said, according to Bernama.
Koong, 55, was sentenced to death by the High Court on Oct 27, 2017, for killing Najadi, 75, after a retrial of his case.
Koong was convicted of gunning down the victim in the parking lot of the Kuan Yin Temple in Lorong Ceylon in Kuala Lumpur between 1.30pm and 2pm on July 29, 2013.
His appeals were dismissed by the Court of Appeal and Federal Court on Oct 16, 2019, and March 1, 2021, respectively.
Koong, nicknamed Sei Ngan Chai (Specky in Cantonese), was also convicted and sentenced to 18 years in prison for attempting to murder Najadi’s wife, Cheong Mei Kuen.
Earlier, Koong’s lawyer Datuk Hisyam Teh Poh Teik urged the court to review the death sentence imposed on his client and consider a commutation to a term of between 35 and 38 years.
He said Koong had shown remorse and sought forgiveness from the deceased and his wife.
He pleaded with the court to consider rehabilitation and compassion.
“The public interest would be well served if the applicant (Koong) were to be incarcerated over a long period of time, providing him with the opportunity to rehabilitate in prison. He will pose no danger to society,” said the lawyer.
In response, deputy public prosecutor Datuk Yusaini Amer Abdul said Koong’s case had shocked the nation.
He said that a prosecution witness testified that Koong followed the deceased and shot him in the chest, carrying out the murder in a hitman-style manner.
There was no evidence regarding the motive behind the murder, he said, adding that Koong had, however, planned the attack with intent to ensure the deceased was killed.
