The Court of Appeal has commuted the death sentence of a kitchen helper to 35 years in prison for killing his best friend over a handphone. The three judges on the panel, consisting of Justices Hadhariah Syed Ismail, Ahmad Zaidi Ibrahim, and SM Komathy Suppiah, also ruled for Sam Chai Ewon, 42, to receive 12 strokes of the cane.
Justice Hadhariah, in delivering the court’s unanimous decision on Tuesday (Aug 22), affirmed Sam’s conviction for the murder and rejected his appeal against the conviction. She described Sam’s conduct leading to Kamal Long’s death as cruel.
However, she set aside the death sentence imposed by the High Court and replaced it with 35 years in jail and 12 strokes of the cane. Sam was found guilty on Oct 8, 2021, for murdering Kamal, 50, a lifeguard, at the corridor of the Awana Sri Layang workers’ quarters in Genting Highlands in Bentong, Pahang, at 10.30 pm on Oct 4, 2017. His initial sentence was death.
During the trial, a bellman at the resort testified that he witnessed Sam kicking Kamal’s face, ribs, and stepping on his chest and face, causing him to hit his head on the wall. The witness compared Sam’s actions to “kicking a ball”.
In his defense, Sam claimed that Kamal, his roommate, occasionally stole his belongings. He said that on the night of the incident, both of them, who had a good relationship, were drinking alcohol in their room and were both intoxicated.
According to Sam, upon returning from the toilet, he noticed his handphone was missing and accused Kamal of taking it. When Kamal denied knowledge of the phone’s whereabouts, Sam became angry and started physically assaulting him.
Sam’s appointed lawyer, Nik Mohamd Ikhwan Nik Mahamud, pleaded with the court to commute his client’s death sentence to imprisonment, arguing that Sam did not intend to cause the death of his best friend and only wanted to injure him. He portrayed Sam’s resort to violence as an error on his client’s part in dealing with the dispute.
Deputy Public Prosecutor Parvin Hameedah Natchiar countered by stating that witnesses who saw Sam attacking and injuring Kamal were warned by Sam not to interfere. She argued that it was Sam’s attacks that ultimately led to Kamal’s death, supported by the testimony of a forensic specialist from Kuala Lumpur Hospital, who confirmed that the deceased suffered severe bleeding in his brain, resulting in his demise. – Bernama
Credit: The Star : News Feed
