PUTRAJAYA, The Federal Court today upheld the death penalty of 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.
In delivering the court’s decision, 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 exercise of 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 which abolished the mandatory death penalty and giving judges the discretion whether to impose the death penalty or imprisonment sentences, came into force,
‘There are no valid mitigating circumstances to justify imprisonment sentence, instead of the death penalty,’ said Justice Abdul Rahman, who was joined by Justices Datuk Zabariah Mohd Y
usof 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 has done to society.
He said that the general principle is for the appellate court to be slow in interfering with sentences imposed by lower court unless the sentence were 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, 5; Muhammad Firash Zafrill, 3; and Nur Zia Fasihah, 2.
The crimes occurred in a house in Kampung Sungai Haji Muhammad, Selekoh, Teluk Intan, Perak between 2.30 pm and 2.40 pm on May 17, 2018.
On Sept 14, last year, the Court of Appeal dismissed Shahrul’s appeal and upheld the death penalty.
During today’s appeal, Shahrul’s lawyer R. Mahendren Naidu, argued that his client was not in the right state of mind during the incident, c
laiming that Shahrul took drugs. He said Shahrul was angry with the children’s father at that time for cheating him out of his wages.
Deputy public prosecutor Norzilati Izhani Zainal @ Zainol countered, saying that consultant forensic psychiatrist Dr Ian Lloyd Anthony testified in the court that Shahrul was sane at the time he killed the three young children.
Source: BERNAMA News Agency