Apex court affirms jilted man’s 35-year jail term for killing lover

 However, M Gunasegaran’s 15 lashes is on hold pending the outcome of another Federal Court ruling on the constitutionality of the punishment.

A three-member Federal Court bench chaired by Chief Justice Wan Ahmad Farid Wan Salleh said the conviction by the trial court and the Court of Appeal was safe.

PUTRAJAYA:

 The Federal Court today affirmed the 35-year jail term imposed on a former security guard who murdered his lover after she decided to marry another man.

A three-member bench chaired by Chief Justice Wan Ahmad Farid Wan Salleh said the conviction by the trial court and the Court of Appeal was safe.

“There was no serious error committed by the two lower courts. The defence of grave and sudden provocation is not available to the appellant,” he said in dismissing M Gunasegaran’s appeal against his conviction and sentence.

Also on the bench were Justices Collin Lawrence Sequerah and Azimah Omar.

Wan Farid also deferred the 15 strokes of the rotan imposed on Gunasegaran pending the outcome of a Federal Court ruling on the constitutionality of whipping.

Four months ago, lawyers for three men sought to have their whipping sentences set aside after arguing that the punishment violates their constitutional rights under Articles 5 and 8 of the Federal Constitution.

Lawyer Arik Zakri Abdul Kadir appeared for Gunasegaran in the present appeal, while deputy public prosecutor Iznina Hanim Hashim appeared for the prosecution.

Two years ago, the Court of Appeal commuted Gunasegaran’s death sentence for the murder of clerk D Tharani to 35 years’ imprisonment, effective from the date of his arrest on Feb 5, 2018. He was also ordered to be whipped 15 times.

Gunasegaran committed the offence against Tharani in a car at the car park of the Giant supermarket in Kota Damansara at 1.50pm on Feb 5, 2018.

The 44-year-old then drove the car with the victim’s body from the crime scene to the Damansara police station to surrender.

Case facts revealed that the couple had been in a relationship for three months before the incident.

In arguing the defence of grave and sudden provocation, Arik said Gunasegaran lost control after the victim told him she was going to marry another man.

However, Iznina submitted that the crime was premeditated, saying Gunasegaran had earlier purchased a knife and a towel from a convenience store.

She said the towel was used to cover the victim’s face after the incident, and cited text messages between the two which indicated that their relationship had turned sour.

Iznina also said the appellant inflicted two stab wounds to the victim’s neck, which caused her death. - FMT