PUTRAJAYA: The Federal Court has upheld the death sentence on a labourer convicted of murdering three young siblings six years ago.
A three-judge panel, led by Chief Judge of Sabah and Sarawak Tan Sri Abdul Rahman Sebli, dismissed Shahrul Pitri Jusoh’s appeal against his murder conviction and death sentence.
ALSO READ: Appeals court upholds labourer's death sentence for triple murder of young siblings
In delivering the court’s decision Thursday (Sept 26), Justice Abdul Rahman said the High Court did not err in convicting Shahrul of the murder charges.
He said the death sentence affirmed by the Court of Appeal, in exercising its discretion, was appropriate given the circumstances of the crime.
At the time the Court of Appeal decided on Shahrul’s appeal, the amendment to the law that abolished the mandatory death penalty – giving judges the discretion whether to impose the death sentence or imprisonment – had come into force.
"There are no valid mitigating circumstances to justify imprisonment, instead of the death penalty,” said Justice Abdul Rahman, who was joined by Justices Datuk Zabariah Mohd Yusof and Datuk Abdul Karim Abdul Jalil.
Justice Abdul Rahman emphasised the need to balance sympathy for the offender with the pain and suffering inflicted on the victims or the damage that Shahrul’s criminal act had done to society.
ALSO READ: Man charged with killing three siblings
https://www.thestar.com.my/news/nation/2018/05/31/man-charged-with-killing-three-siblings
He said the general principle is for the appellate court to be slow in interfering with sentences imposed by a lower court unless the sentence was illegal, manifestly inadequate, or excessive.
Shahrul Pitri, 41, was found guilty and sentenced to death by the Ipoh High Court on Aug 6, 2020 for the murders of Muhammad Faqih Zahirulhaq Mohd Fadzil, five; Muhammad Firash Zafrill, three; and Nur Zia Fasihah, two.
The murders were committed in a house in Kampung Sungai Haji Muhammad in Selekoh, Teluk Intan between 2.30pm and 2.40pm on May 17, 2018.
He was also found guilty and sentenced to six years’ jail for attempting to kill the children’s mother Zuraidah Mat Ali using a machete at the same place and time.
He was also sentenced to another six years’ jail for causing hurt to the elder sister of the siblings, Nur Zuryn Faziera Mohd Fadzil, 10, her friend Nur Aina Umaira Subri, 11, and teacher Redhuan Embi, 37.
On Sept 14 last year, the Court of Appeal dismissed Shahrul’s appeal and upheld the death penalty.
During Thursday’s appeal, Shahrul Pitri’s lawyer R. Mahendren Naidu argued that his client was not in the right state of mind during the incident, having been on drugs.
He said Shahrul Pitri was angry with the children’s father at that time for allegedly cheating him of his wages.
DPP Norzilati Izhani Zainal @ Zainol said consultant forensic psychiatrist Dr Ian Lloyd Anthony had testified that Shahrul Pitri was sane at the time he killed the children. – Bernama
