THE Court of Appeal today upheld the death sentence of a labourer for the murder of three young siblings five years ago.

A three-member bench, comprising judge Vazeer Alam Mydin Meera, Collin Lawrence Sequerah and Azmi Ariffin, unanimously dismissed Shahrul Pitri Jusoh’s appeal against his conviction and death sentence.

In the court’s decision, Vazeer said Shahrul’s defence of legal insanity had been rebutted by a consultant forensic psychiatrist, who testified that Shahrul was aware of the consequences of his action.

On the death sentence, Vazeer rejected Shahrul’s request for his death sentence to be commuted to a jail sentence.

He said although the appellate court has the discretion to set aside the death sentence imposed on Shahrul and commute it to a custodial sentence of between 30 and 40 years, in the light of the latest amendment to section 302 of the penal code, the court found that there is no reasonable basis for it to exercise its discretion to do so.

He said looking at the overall evidence and mitigation presented by the appellant, it was the court’s view that it should give priority to the public interest as well as the interest of the deceased and the victims.

Vazeer said the lives of three children were lost due to the cruel act of the appellant.

Hence, he said, the death sentence imposed by the High Court on Shahrul is upheld.

On August 6, 2020, the Ipoh High Court found Shahrul guilty of killing Muhammad Faqih Zahirulhag Mohd Fadzil, 5, Muhammad Firash Zafrill, 3, and Nur Zia Fasihah, 2, in a house in Kampung Sungai Haji Muhammad, Selekoh, Teluk Intan between 2.30pm and 2.40pm on May 17, 2018.

Shahrul, 40, was also found guilty and sentenced to six years’ jail for attempting to kill the children’s mother, Zuraidah Mat Ali, with a parang at the same place and time.

He was also sentenced to another six years’ jail for causing hurt to the elder sister of the siblings, Nur Zuryn Faziera Mohd Fadzil, 10, her friend Nur Aina Umaira Subri, 11, and teacher Redhuan Embi, 37.

The High Court had ordered Shahrul to serve the sentences consecutively, which means he will have to serve 12 years in prison.

Earlier, court-assigned counsel Rajit Singh informed the court that Shahrul was only appealing against the High Court’s decision for the murder charges.

He said Shahrul was withdrawing his appeals against his conviction and jail sentence for the attempted murder offence and the causing hurt offences. The court subsequently struck out his appeals.

Deputy public prosecutor Fauziah Daud submitted that consultant forensic psychiatrist Dr Ian Lloyd Anthony’s testimony did not support Shahrul’s defence of legal insanity.

She also asked the court to maintain the death sentence, saying that the lives of three innocent young children were lost.

Shahrul has one more right of appeal, that is to the Federal Court. – Bernama, September 14, 2023.