12 January 2012 :

Three men's five years of freedom came to an end today when their acquittal on a charge of murdering an outlet employee was overturned and were sentenced to death in Malaysia. Court of Appeal Justices Datuk Wira Low Hop Bing, Datuk Abdul Wahab Patail and Dato' Azahar Mohamed unanimously allowed the prosecution's appeal against the High Court's decision to acquit and discharge Duis Akim, Vincent Gisup and Hendry Mototud of the charge in 2007.
Duis, 38, Vincent, 31, and Hendry, 32, who were in court, stood passively as the judgement delivered by Low was interpreted to them in Bahasa Malaysia.
It was a starkly different scenario from the time they were freed on July 10, 2007 after a hearing which took one year and 10 months - from Sept. 19, 2005 to May 8 2007 - involving 19 prosecution and five defence witnesses.
"We have been under remand for six years, which is very long period and today's decision is like being reborn," summed up Duis on being freed by High Court Judge Datuk Sulong Matjeraie (now Court of Appeal Judge) of murdering one Wilfred Thomas, 23, at 2am on May 26, 2001 at the 7-Eleven outlet in Donggongon, Penampang.
Sulong ruled that after hearing the testimony of the accused, witnesses and having thoroughly examined the prosecution and defence submissions, the defence had raised reasonable doubt on the prosecution's case.
"We are of the view that there is misdirection in sustaining the defence of alibi," held Low, adding that the High Court judge's finding was also against the weight of evidence.
The court allowed the appeal and set aside the High Court's order of acquittal and discharge and substituted it with the three respondents being found guilty and convicted of the murder.
"We impose the death sentence on the respondents and that they be kept in custody until the final disposal of their case by the Federal Court," said Low, after hearing submissions from the prosecution and the respondents' respective counsel.