THE Federal Court today upheld a 30-year jail sentence and 10 strokes of the cane imposed on a former trader found guilty of kidnapping a businessman for a RM500,000 ransom 10 years ago.

A panel of three judges, led by Vernon Ong Lam Kiat, unanimously dismissed the final appeal by Kamaruzaman Mohamed Shah, 44, after finding that there was sufficient evidence by the prosecution regarding the appellant’s involvement in the kidnap.

“Therefore, the conviction against the appellant is safe and the appellant’s appeal is dismissed,” said the judge, who sat with Justices Abdul Rahman Sebli and Zabariah Mohd Yusof.

Earlier, the judges heard submissions by counsel K.A. Ramu, representing Kamaruzaman, and deputy public prosecutor Hanim Mohd Rashid.

Kamaruzaman was appealing against the decision of the Court of Appeal, made on April 23, 2019, which upheld the life sentence of 30 years and 10 strokes of the cane meted out by the Malacca High Court on October 27, 2017.

Prior to that, the Malacca High Court had also convicted and sentenced two men, Sulaiman Abdul Kadir, 41, and Farezzuwan Mohd, 33, over a similar charge.

After Ong handed down the decision, Kamaruzaman requested his transfer from Kajang Prison to Kluang Prison, in Johor, to be near his family in Simpang Renggam.

“I feel stressed. It’s okay I didn’t win the case as long as I can meet my family. If it’s possible, I want to be placed at the Kluang Prison to make it easier for my family to visit. I have been in Kajang Prison for more than eight years and my family rarely comes to visit because they are too far away,” he added.

To this, Ong said the court had no jurisdiction to issue an order regarding placement in jail.

“It is under the jurisdiction of the prison itself. A formal application can be submitted to the prison and accompanied with reasons to expedite the transfer process,” he added.

Ramu then told the court he would send a formal application to the Kajang Prison.

Kamaruzaman, Sulaiman, and Farezzuwan, with two others still at large, were jointly charged with abducting businessman Tan Tiang See, 46,  and wrongfully confining the man for ransom of RM500,000, which was to be paid by the victim’s brother.

They were charged with abducting Tan at a godown at 1, Jalan TTC 25, Cheng Industrial Estate, Cheng, and held him in confinement at a house at Jalan Cengal 1, Taman Merdeka, Batu Berendam at 6pm on February 14, 2011.

The charge, under Section 3(1) of the Kidnapping Act 1961, read together with Section 34 of the same law, which provides the death sentence, or imprisonment for life, and shall, if not sentenced to death, also be liable to whipping.

Judge Zulkifli Bakar, when handing down the sentence, said the court, in its discretion to not impose the death sentence, cited grounds that the victim was not ill-treated and ransom money was not paid. – Bernama, October 25, 2021.