After the Court of Appeal upheld their appeals against convictions for the murder of a man nine years ago, four men – including two brothers – were spared the death penalty.
The appeal has validity, according to a three-member bench led by Hanipah Farikullah, who said there was merit in their case and that the trial judge had made legal and factual mistakes.
In Malaysia, the mandatory death penalty is used in a number of offences, including murder and “terrorism”. However, in June, the government agreed in principle to abolish the law and leave it up to judges to decide the appropriate punishment.
Hanipah said there were discrepancies in the testimony of the two witnesses who claimed to have witnessed the murder.
“Therefore, the convictions are not safe and the High Court ruling is set aside. The appellants are acquitted,” said Hanipah, who sat with M Gunalan and Nordin Hassan.
Two years ago, P Narendrapathy, 35, his brother Sethupathi, 34, P Namasivayam, 32 and Aiman Mazlan, 33, were all sentenced to death.
On May 4, 2013, at around 10 p.m., the four men and four other males were accused of attacking R Sivan in front of a home in Taman Bertam Jaya, Melaka.
The second set of accused were all acquitted, two at the close of the prosecution’s case and another two after their defence was called.
Sethupathi and Aiman were also given a 10-year prison term by the High Court for grievously injuring murdered brothers R Muniandy and Garnesan with a parang at a traffic light in Cheng, Melaka, at around 11.30 p.m. on May 4, 2013.
The Court of Appeal dismissed the prosecution’s appeal to enhance their jail term up to 20 years, with judge Gunalan noting that the pair have been in prison for a long period, which commenced when they were quite young.
Sethupathi and Aiman will be released after accounting for the one-third reduction offered by the jail administration for good behaviour, according to their lawyer, Paul Krishnaraja.
Lawyers Goh Chee Kian and Amy Chong assisted Krishnaraja while deputy public prosecutor Leo Anak Saga prosecuted.
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