22 October 2019 :
The Federal Court of Appeal on 21 October 2019 upheld the death sentence imposed on an Indonesian man for murdering his two-day-old infant son, and overturned the lower court’s decision to release his girlfriend from the same charge.
A three-member panel chaired by Dato Zaleha Yusof unanimously dismissed the appeal by Soha Beta, 38, against his conviction under Section 302 of the Penal Code, while allowing the prosecution’s appeal against the decision to free Herna Molla, 32.
“The Court of Appeal upholds the death sentence on the first accused (Soha). The second accused (Herna), who was initially released and freed from the charge under Section 302 of the Penal Code, is also sentenced to death,” said Judge Zaleha.
Soha was sentenced to death by the High Court in Miri on 29 January last year, while Herna was released after the prosecution failed to prove a prima facie case against her.
While Soha appealed for his sentence to be reviewed, the prosecution filed an appeal against the decision on Herna.
The pair caused the death of their infant son at about 3.30pm on 26 Nov 2013, by burying the child alive in a hole along a hill slope at Jalan Ladang in Suai, Batu Niah.
According to the facts of the case, Soha was involved in a secret relationship with Herna, who is his sister-in-law. They had been barred from returning to the farm where they were staying, as workers there were unhappy over their relationship.