06 February 2024 :
Five prisoners on death row in Sabah on February 5, 2024 saw their capital punishment substituted to imprisonment by the Federal Court.
Today was the first sitting of the Federal Court hearing applications filed under the Revision of Sentence of Death and Imprisonment for Natural Life (Temporary Jurisdiction of the Federal Court) Act 2023 in Sabah.
They are Hasanuddin Sinring, 42, Chung Tain Kong Chung Fook Chong, 69, Joseph Che Suan Swan Ajuk, Vetus Juani, 57, and Sainal Abidin Mading Amri Gani, 49.
The death penalty for Hasanuddin was set aside and substituted to 30 years' imprisonment plus 12 strokes of the rotan, while the other four got 35 years' imprisonment from their respective date of arrest.
However, the death sentence on another death row prisoner, Jamaludin Saripudin, 46, was maintained as he raped and murdered a Primary Four pupil.
All the death row prisoners had previously lost their final appeal at the Federal Court between September 2002 and 2015.
Chief Justice Tun Tengku Maimun Tuan Mat, Chief Judge of Sabah and Sarawak Tan Sri Datuk Abdul Rahman Sebli, and Federal Court judge Datuk Abu Bakar Jais unanimously made the decision during the hearing for the review of the death penalty sentences and life imprisonment.
Hasanuddin was convicted and sentenced to death on Jan 16, 2009, by the High Court after he was found guilty of murdering a 47-year-old businesswoman at 6.15pm on Oct 31, 2004 at a car park behind the Poring Cinema in Asia City.
Hasanuddin was arrested on Nov 5, 2004.
Chung was found guilty of murdering his girlfriend aged 36 on Jan 17, 2000, about 2.30pm at a house in Taman Cendawan, here. Chung was convicted and sentenced to death by the High Court on May 5, 2003.
Chung was arrested on Jan 17, 2000.
For Joseph, the High Court convicted and sentenced him on Oct 2, 2009 after he was found guilty of murdering his 50-year-old brother in front of a rubber plantation hut at Kampung Sugiang Ulu, Kemabong in Tenom on Oct 17, 2006 at 7am. He was arrested on Oct 19, 2006.
Vetus was convicted and sentenced by the High Court on July 8, 2011. He was found guilty of murdering a 39-year-old man on Oct 15, 2004, at 9.50pm at the workers' quarters, Kilang Kelapa Sawit Tong Len in Kunak. Vetus was arrested on May 18, 2007.
As for Sainal, he was convicted and sentenced on Dec 5, 1997, after he was found guilty of murdering a 25-year-old man on July 5, 1997, at about 4pm at Capital Veneers & amp; Plywood Sdn Bhd factory, Mile 9, Jalan Labuk, in Sandakan.
In Jamaludin's case, he was convicted and sentenced to death by the High Court on July 10, 2009, after he was found guilty of murdering a 9-year-old girl in a roadside bush, on a hillslope of Kg Ratau Tebobon, in Menggatal, between 7am and 8am, on Jan 8, 2004.
Jamaludin was arrested on Jan 8, 2004.
Meanwhile, another four prisoners who were previously sentenced to life imprisonment saw their imprisonment for life substituted to 30 years' imprisonment after the court allowed their respective applications.
They are Wong Vui Chin, 59, Fung Siew Fah, 63, Lim Pae Peter, 55, and Ignatius Ak James, 44.
Wong and Fung were convicted and sentenced to death on Oct 21, 2005, and Sept 3, 2007, respectively by the High Court for trafficking drugs under 39B(1) of the Dangerous Drugs Act 1952.
Wong had trafficked 147.94 grams of syabu at the Labuan Ferry Terminal on June 16, 2000, while Fung trafficked 773.9 grams of syabu at Jalan Sin Onn Tiku in Tawau on May 26, 2005.
In Lim's case, he was convicted and sentenced to imprisonment for life plus six strokes of the whipping by the High Court in May 1996 for committing an offence under Section 5 Firearms Act (Increased Penalties) 1971.
Lim was arrested in October 1994. Following the court’s decision, Lim had completed his custodial sentence.
Meanwhile, Ignatius was sentenced to life imprisonment by the High Court on September 29, 2011 after he was found guilty under Section 7 of the Firearms Act (Increased Penalties) 1971. He was arrested in July 2009.
Counsel Hamid Ismail represented Chung, Jamaludin, Wong, Lim and Ignatius.
Counsel Farazwin Haxdy acted for Hasanudin and Sainal while counsel Goldam Hamid defended Joseph and Vetus and counsel David Tan represented Fung.
