MALAYSIA: FEDERAL COURT UPHOLDS DEATH SENTENCE OF FORMER SAWMILL WORKER FOR MURDER, RAPE OF NURSE

October 8, 2020:

A former sawmill worker who raped a nurse after slashing the woman on the neck will be hanged for her death, having failed in his last attempt to set aside the death sentence, after the Federal Court of Putrajaya dismissed his appeal on 7 October 2020.
A three-member panel of the Federal Court, led by the Court of Appeal president Tan Sri Rohana Yusuf, unanimously dismissed 27-year-old Mohammad Awari Ahmad’s appeal against the death sentence meted out by the Kota Baru High Court after finding him guilty of murdering the wife of an auxiliary policeman.
Sitting with Rohana were judges Datuk Vernon Ong Lam Kiat and Datuk Seri Hasnah Mohammed Hashim.
Rohana, when handing down the decision, said after studying the record of appeal and grounds of judgment by the High Court judge and affirmed by the Court of Appeal, the court is satisfied that there was no error made by both courts.
She said the High Court judge had studied the evidence of the case and decided on the element of intent that was established by the prosecution.
She also said the supporting evidence, such as by eyewitnesses, showed that the evidence in the appeal record on the accused's action was very strong.
"We find there is no reason that can make us change the decision of the two courts. With this, we find the conviction of the appellant safe. On these grounds, we dismiss the appeal by the appellant and affirm the conviction and sentence,” she added.
Awari was charged with murdering and raping the woman between 12.20am and 2am in a house in Kampung Batu Papan, Gua Musang, Kelantan, on 1st March 2015.