Court Commutes Death Sentence Of Man Who Strangled His Girlfriend's Husband  

PUTRAJAYA, Aug 15 (Bernama) -- The Federal Court today commuted the death sentence of former lorry driver Jaafar Ngamil to 34 years in prison for strangling his girlfriend's husband to death.

The victim's body was found in a ditch in Kampung Banting, Sabak Bernam, Selangor in 2014.

A three-judge panel, led by Chief Justice Tun Tengku Maimun Tuan Mat, granted Jaafar's review application to commute the death penalty imposed on him to imprisonment under Revision of Sentence of Death and Imprisonment for Natural Life (Temporary Jurisdiction of the Federal Court) Act 2023 

"The court has substituted the death sentence with a 34-year prison term from the date of arrest on June 26, 2014," said Justice Tengku Maimun, who presided with Datuk Hanipah Farikullah and Datuk Vazeer Alam Mydin Meera.

On May 4, 2017, the Shah Alam High Court sentenced Jaafar to death after he was found guilty of murdering Jamingan Hambali, 44, inside a car between Lot 2056, Jalan Surau Ilmiah, Tebuk Haji Omar, and a ditch at Jalan Haji Omar, Kampung Banting, Sabak Bernam, between 9.07 pm on June 22, 2014 and 8.30 am the following day.

He was charged under Section 302 of the Penal Code, which carries the mandatory death sentence. 

The sentence was upheld by the Court of Appeal and the Federal Court in 2017 and 2019, respectively.

Previously, deputy public prosecutor Muhamad Iskandar Ahmad objected to the application for review and requested for the death sentence to be upheld, arguing that the applicant had murdered the victim, who was also his friend.

However, Jaafar's lawyer Rajit Singh appealed for a minimum sentence of 30 years in prison, citing the lack of a prior criminal record and his client's remorse for his actions.

Based on testimony during the trial at the High Court, the victim, who was aware of his wife's relationship with the accused (Jaafar), had met with him to resolve the issue.

The tenth prosecution witness (PW10), Jaafar’s nephew, testified that on the day of the incident, his uncle had asked him to drive the car while he (Jaafar) sat behind the front passenger seat.

PW10 was instructed to stop the vehicle by the side of the road near the victim's home, where the victim subsequently entered the car and sat in the front passenger seat.

During the journey, PW10 observed the accused and the victim arguing. PW10 also saw the accused strangling the victim from behind with both hands, causing the victim to struggle until he eventually became still.

Testimony from PW8, a forensic expert, confirmed that the cause of the victim's death was compression of the neck.

In his defence, the accused claimed that he strangled the victim in response to a sudden provocation while attempting to protect his nephew from being assaulted by the victim. He also cited a dispute over delayed wages, which had led to the argument.

-- BERNAMA