40 years' jail for ex-college student who murdered and burned pregnant girlfriend

 

The Court of Appeal today sentenced a 23-year-old former college student who murdered his pregnant girlfriend and set her body on fire to 40 years in jail and 12 strokes of the cane.

A three-member bench chaired by judge Azman Abdullah allowed Fakhrul Aiman Sajali’s appeal on his sentence and replaced his earlier death penalty with a custodial term.

“Taking into account the appellant’s young age at the time of the incident, and the availability of options under the Abolition of Mandatory Death Penalty Act, the court hereby sets aside the death sentence imposed by the High Court.

“(And we) replace it with maximum imprisonment of 40 years (beginning) from the date of arrest and 12 strokes of the cane,” said Azman.

Presiding with him were judges Ahmad Kamal Shahid and Radzi Harun.

Lawyers representing Fakhrul were Muhammad Nor Tamrin, Nurul Syuhada Subhi and Nurussaadah Abdul Razak, while deputy public prosecutor Abdul Malik Ayob prosecuted.

High Court ‘erred’

Prior to the decision, Fakhrul’s lawyer outlined seven reasons in backing their appeal, including the accused’s age at the time of the offence.

In his written submission, Muhammad said that the High Court had erred when handing down the death penalty, which was deemed “manifestly excessive” given that the charge against Fakhrul was only for murdering one life, instead of two.

He also said that the judge was wrong to not consider Fakhrul’s age, as per Section 293 of the Criminal Code, as the court at that time found the provision could not be applied.

Section 293 provides for alternative sentencing for those aged 18 to 21, including the option for courts to release them on probation or impose community service.

Malik, on the other hand, submitted that the offence committed is serious, and his young age should not be considered to alter the sentence.

Death sentence

Fakhrul was charged on June 1, 2023, with murdering Nur Anisah Abdul Wahab, between 8.30pm on May 22 and 8am on May 23, at Jalan Sungai Limau, Sungai Besar in the Sabak Bernam district.

The Klang High Court, on Oct 15 last year, sentenced him to death after he pleaded guilty to the crime.

Judge Norliza Othman, in handing down the sentence, said the seriousness of the offence, which was described as cruel and premeditated, warranted the death sentence.

Norliza said it was not only the life of the victim that was taken away, but also that of the victim’s unborn child, who was an 18-week-old foetus in the womb at that time.

According to the facts of the case, Fakhrul had struck Nur Anisah’s head with a stick, dragged her to the end of a nearby ditch and stabbed her in the chest and stomach several times.

The accused then took a barrel of petrol and set the victim on fire, before leaving the scene. - Mkini