Double Prison Sentence For Two Men As Court Of Appeal Finds Them Guilty Of Murder

PUTRAJAYA, Sept 3 (Bernama) — Two men, originally convicted of culpable homicide and sentenced to 15 years imprisonment each, now have to serve double the prison time after the Court of Appeal today found them guilty of murder.

L. Gopu, 44, and V. Suresh, 45, were originally convicted by the High Court for causing the death of their acquaintance, Aris Nakam, 41, at an oil palm plantation in Kampung SC, Layang-Layang, Kluang, Johor, on Sept 13, 2015, at about 6.30 pm.

Today, a three-member appellate panel, comprising Justices Datuk Azman Abdullah, Datuk Noorin Badaruddin and Datuk Hayatul Akmal Abdul Aziz allowed the prosecution’s appeal to reinstate the original murder charge, setting aside the March 3, 2024, decision by the Muar High Court, which had reduced the charge to culpable homicide not amounting to murder and sentenced each man to 15 years in prison.

The appellate court also ordered both men to receive 12 strokes of the cane. Their sentences are to commence from the date of their arrest,  on Sept 24 and 25, 2015, respectively.

In delivering the court’s broad grounds, Justice Noorin said the appellate court found that the High Court had erred by amending the charge to culpable homicide despite sufficient evidence to support a murder conviction.

“We find that the injuries inflicted by the respondents (the two men) were intended to cause bodily harm sufficient to result in death, amounting to the act of murder,” said Justice Noorin.

She said the High Court also erred in its finding when it decided that the deceased died due to severe injuries based on strong evidence from a forensic medical expert and an eyewitness, but instead ruled that the respondents had no intent to kill.

She said the forensic medical expert’s evidence confirmed that the injuries concentrated on the deceased’s face and head and were consistent with the weapon used, and were fatal in nature.

According to the facts of the case, the forensic medical expert, who conducted the post-mortem, found 42 injuries on the deceased and confirmed that the injuries were caused by blunt trauma to the head, such as being punched, kicked or struck with objects.

Deputy Public Prosecutor Mohd Asnawi Abu Hanipah, who appeared for the prosecution, told the court that Gopu, a factory worker and Suresh, a heavy machinery operator, were nearing the end of their 15-year prison term and would soon be released if the original charge was not reinstated.

He also noted that the third accused, P. Rengadorai, had completed a 13-year sentence and had already been released. The prosecution’s earlier appeal in Rengadorai’s case was struck out due to his unavailability.

Gopu was represented by lawyers T. Vijaya Sandran and V. Pushparajan, while Suresh was defended by S. Vijaya Retnam @ Veizay, Subash Ramasamy, and Khairuzzaman Ridha.

— BERNAMA