A former excavator driver escaped the death penalty after the Federal Court commuted his sentence to 38 years in prison and 12 strokes of the cane for killing a woman 16 years ago.
The case is one of the 28 cases reviewed during the Federal Court of Malaysia Conference held at the Kota Bharu High Court today, which also involved cases in east coast states.
In today’s proceedings, a three-judge panel led by Chief Justice Tengku Maimun Tuan Mat granted the review application of Zulhisham Fadly Mohamad, 43, under Section 302 of the Penal Code, and Sections 2(4) and 3(1) under the Revision of Sentence of Death and Imprisonment for Natural Life (Temporary Jurisdiction of the Federal Court) Act 2023.
Maimun set aside the death sentence and replaced it with life imprisonment for 38 years along with 12 strokes.
She also ordered him to serve the sentence from April 21, 2008, the date of his arrest.
Deputy public prosecutor Mohd Fuad Abdul Aziz did not object to the review application.
The other judges on the panel were Court of Appeal president Abang Iskandar Abang Hashim and Federal Court judge Nordin Hassan.
Zulhisham, who has been imprisoned for almost 16 years, was represented by lawyer Mazlan Md Zain.
In 2011, the Kuala Terengganu High Court sentenced Zulhisham, who was an excavator driver, to death by hanging for killing and burying the body of Zaiton Muhamad, 55, in a dragon fruit orchard in Hulu Kemaman, in 2008.
Zulhisham appealed to the Court of Appeal against the death sentence and on June 17, 2014, the appeal was rejected. The court confirmed the death sentence and Zulhisham subsequently appealed to the Federal Court, which rejected the appeal on September 7, 2015, confirming his conviction and death sentence.
- Bernama
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