PUTRAJAYA: The Federal Court has upheld the conviction and death sentence of an unemployed man for the murder of three foster relatives.
The three-member bench, consisting of Chief Justice Tun Tengku Maimun Tuan Mat and Federal Court judges Datuk Harmindar Singh Dhaliwal and Datuk Abu Bakar Jais, unanimously rejected Luqman Hadi Mustapa’s appeal.
Justice Tengku Maimun, delivering the court’s decision on Tuesday (Sept 19), stated that after considering all the evidence, the court found Luqman’s conviction for the murder charge to be valid.
She also confirmed that the court had no intention of overturning the death sentence imposed on Luqman, which had been upheld by the Court of Appeal.
In August 2019, the Melaka High Court sentenced Luqman, 33, to death for killing his foster mother’s sister Mariah Baharim, 61, her husband Hassan A Wahab, 70, and their 22-year-old son Muhammad Taufeq.
Luqman’s appeal was rejected by the Court of Appeal in August of the following year.
The High Court also found Luqman guilty on two counts of attempted murder against the couple’s daughters Noor Haslinda Diyana, 26, and Nur Aqedah Aeina, 24, and sentenced him to 10 years in jail concurrently for each charge.
Luqman did not challenge that decision.
He was accused of committing the crimes at a residence in Jalan Sidang Said, Bertam Malim, Melaka between 5.50am and 6.15am on August 25, 2016.
During the trial, the prosecution presented 25 witnesses, and when the court instructed Luqman to present his defense, he chose to remain silent.
Lawyer Datuk Hazman Ahmad argued that the High Court judge, Datuk Wira Ahmad Nasfy Yasin (now an Appeals Court judge), erred in dismissing his client’s insanity defense under Section 84 of the Penal Code, despite the psychiatrist’s report not refuting his claim.
Regarding the sentence, Hazman requested the court to consider commuting the death penalty to a prison term of 30 to 40 years.
Deputy public prosecutor Mohd Khushairy Ibrahim, with assistance from DPP Aida Khairuleen Azli, contended that Luqman relied solely on the psychiatrist’s report to argue that he was drugged during the incident and unaware of his actions.
However, he stated that Luqman failed to provide any additional evidence to support this assertion.
He also urged the court to uphold the death sentence, citing Luqman’s complete disregard for human life. – Bernama
Credit: The Star : News Feed
