Ex-guard escapes gallows, gets 33 years in prison, caning for murdering lover

PUTRAJAYA - A former security guard escaped the gallows when the Federal Court here today commuted his death sentence to 33 years in prison and 12 strokes of the cane, for the murder of his 17-year-old lover eight years ago.

The three-panel judge led by the Chief Judge of Malaya, Tan Sri Mohamad Zabidin Mohd Diah reached the unanimous verdict to allow the final appeal of Tarmizi Yaakob, 28, and review his death sentence under the Abolition of Mandatory Death Penalty Act 2023 (Act 846).

"The prison sentence is effective from the date of arrest on Oct 25, 2015," he said, presiding with Federal Court Judges Datuk Harmindar Singh Dhaliwal and Datuk Abu Bakar Jais.

Judge Mohamad Zabidin also struck out Tarmizi's appeal against the conviction and sentence for rape after his lawyer Azizul Shariman Mat Yusoff informed the court that they were not proceeding with it, thereby retaining the 15 years imprisonment and three strokes of the cane which was imposed earlier.

On March 26, 2019, the Georgetown High Court meted out the death sentence on Tarmizi, who is known as ‘Babun’, after he was found guilty of murdering a Form Five student at an apartment in Teluk Kumbar, Georgetown between 7.30 am and 7.30 pm on Oct 25, 2015.

The High Court also sentenced him to 15 years in prison and three strokes of the cane for raping his lover at the same place and time. Both the sentences were upheld by the Court of Appeal on Dec 8, 2021

Earlier during the proceedings, Azizul Shariman said the defence had submitted a representation for review under the Abolition of Mandatory Death Penalty Act 2023 (Act 846) to the Attorney General's Office on Aug 15.

He said the AG's Office had no objection against the review, which only involved the sentence and not the conviction, which was confirmed by Deputy Public Prosecutor Noorhisham Mohd Jaafar.

In mitigation, Azizul Shariman appealed for a minimum prison sentence on the basis that his client was only 20 years old at the time and was suffering from mild mental retardation due to drug abuse and did not receive maternal love as his mother died when he was 15.

Noorhisham submitted that the accused had used a knife and the autopsy report showed the victim sustained 18 bruises, cuts, and abrasions, therefore, the prosecution requested a prison term of not less than 35 years. - BERNAMA