PUTRAJAYA - A former lorry driver escaped the gallows after the Court of Appeal here today replaced his death sentence with 35 years in prison for killing his father by slashing the victim's throat with a machete.
A three-judge panel led by Datuk Vazeer Alam Mydin Meera imposed the prison sentence on Mohamad Nazri Abdullah, 51, after dismissing his appeal against his conviction for the murder charge.
"However, the court allows the appellant's (Mohamad Nazri) appeal against the death sentence. The death sentence is set aside and replaced with a 35-year prison term, commencing from the date the appellant was arrested on July 4, 2017,” he said when sitting with Judges Datuk Azmi Ariffin and Datuk S.M. Komathy.
Judge Vazeer Alam said Mohamad Nazri has also been spared the cane as he was over 50 years old.
On Dec 15, 2021, Mohamad Nazri was sentenced to death by the Seremban High Court after being found guilty of murdering his father, S. Valaytham, 76, in a house in Felda Lui Timur, Bahau between 10.30 pm and 11.20 pm on July 2, 2017.
Earlier, Mohamad Nazri's lawyer, Ahmad Ishrakh Saad argued that at the time of the incident, the appellant was under the influence, a fact supported by the prosecution's witnesses.
"In this case, the trial judge (High Court Judge) accepted the fact that the appellant was intoxicated but could not determine the extent of the intoxication,” he said.
Deputy Public Prosecutor Mohd Fuad Abdul Aziz, however, said there were testimonies from prosecution witnesses that the appellant had driven his car for two hours from the victim's house to his friend's house (the third prosecution witness) in Sungai Pelek, Sepang.
"If the appellant was intoxicated, how could he have driven for two hours,” Mohd Fuad asked and requested that the death penalty be maintained.
The media had reported previously that the victim, who was also a land settler, was found dead by patrolling police officers who went to the victim's house after receiving information from a neighbour about a disturbance at the house.
The incident occurred after Mohamad Nazri, the third of six siblings, asked his father for money, but the victim ignored him. - BERNAMA