PUTRAJAYA: Two former followers of the “Tuhan Harun” cult who shot dead a religious enforcement officer 11 years ago escaped the gallows after the Federal Court commuted their death sentence to 40 years’ imprisonment.
A three-judge panel chaired by Chief Justice Tengku Maimun Tuan Mat made the decision after allowing the review applications by Shamsinar Abdul Halim, 47, and Sumustapha Suradi, 50.
“The application is allowed. The death sentence is set aside,” she said here yesterday, with the panel ordering the prison time to run from the date of arrest.
Other judges on the bench were Court of Appeal president Justice Abang Iskandar Abang Hashim and Federal Court judge Justice Nordin Hassan.
The court also ordered the two to be given the mandatory 12 strokes of the rotan but Sumustapha will be spared as he is above the age of 50.
Earlier, lawyer Abdul Rashid Ismail, who represented Sumustapha, submitted that the murder was committed under the guise of a “divine command” from the cult leader Harun Mat Saat, or Tuhan Harun.
He said Tuhan Harun held strong influence over his followers, with Sumustapha’s “extreme reverence” to the leader impairing his decision-making abilities.
“Tuhan Harun was the true mastermind of this crime. He is dead and is no longer subject to this court’s punishment,” Abdul Rashid said.
The lawyer said while Sumustapha committed a grave offence, his actions must be viewed through the lens of manipulation and prolonged psychological pressure from Harun.
“My client believed that his actions were fulfilling ‘God’s instructions’. It was misguided but it also showed that he could not have acted rationally at that time,” he said, adding that Sumustapha was a former policeman who had served for 16 years.
Shamsinar’s lawyer, Muhammad Hasif Hasan, also concurred with Abdul Rashid’s submission.
He said his client received the “instruction” from “God” and that he was meant to execute it. He added that Shamsinar has since repented.
However, deputy public prosecutor Roshan Karthi Kayan objected to the applications.
“The crime was premeditated, Mafia-style. The victim was killed in his capacity as a religious officer. It will make them bolder if the application is allowed,” he said.
Sumustapha and Shamsinar were convicted and sentenced by the Kuantan High Court in 2016 for murdering Pahang Islamic Religious Department enforcement division principal assistant director Ahmad Raffli Abd Malek, 49, who was shot outside his house in Bandar Indera Mahkota, Kuantan, on Nov 10, 2013.
