by Theleaders | September 19, 2023 9:50 am
PUTRAJAYA, Sept 19 — The Federal Court today affirmed the conviction and death sentence of an unemployed man for killing three of his foster relatives.
The three-member bench comprising Chief Justice Tun Tengku Maimun Tuan Mat and Federal Court judges Datuk Harmindar Singh Dhaliwal and Datuk Abu Bakar Jais held that there was no merit in Luqman Hadi Mustapa’s appeal.
Justice Tengku Maimun, in handing down the court’s unanimous decision, said based on the totality of evidence, the court found that Luqman’s conviction for the murder offence is safe.
She also said the court is not minded to disturb the death sentence imposed on Luqman by the High Court and upheld by the Court of Appeal.
On August 16, 2019, the Melaka High Court sentenced Luqman, 33, to death after finding him guilty of murdering his foster mother’s sister Mariah Baharim, 61, her husband Hassan A. Wahab, 70, and their 22-year old son Muhammad Taufeq.
His (Luqman’s) appeal was dismissed by the Court of Appeal on August 25, last year.
The High Court also found Luqman guilty on two charges of attempting to murder the couple’s daughters Noor Haslinda Diyana, 26, and Nur Aqedah Aeina, 24, and had sentenced him to 10 years in jail, to run concurrently, on each of the two charges. He did not appeal against that decision.
He was accused of committing the offences at a house in Jalan Sidang Said in Bertam Malim, Melaka between 5.50am and 6.15am on August 25, 2016.
During the trial at the High Court, 25 witnesses testified for the prosecution and when the court ordered Luqman to enter his defence, he opted to remain silent.
Lawyer Datuk Hazman Ahmad said the High Court judge Datuk Wira Ahmad Nasfy Yasin (now Court of Appeal judge) erred when he rejected his client’s (Luqman’s) defence of insanity under Section 84 of the Penal Code despite the psychiatrist’s report not disputing his defence.
On the sentence, Hazman asked the court to consider commuting the death sentence to life imprisonment of 30 years to 40 years jail.
Deputy public prosecutor (DPP) Mohd Khushairy Ibrahim, who was assisted by DPP Aida Khairuleen Azli, argued that Luqman relied on the psychiatrist report to show that he was under the influence of drugs at the time of the incident and that he did not know what he was doing.
He, however, said there was no other evidence adduced by him (Luqman) to support his version.
He also urged the court to uphold the death sentence saying that Luqman’s conduct was a blatant disregard for the sanctity of human life.
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