A FORMER lorry driver escaped the gallows when the Federal Court today commuted his death sentence to 33 years in prison and 12 strokes of the cane for killing a fellow villager by running him over with a car nine years ago.

Malaya Chief Judge Mohamad Zabidin Mohd Diah, who presided with Zabariah Mohd Yusof and Harmindar Singh Dhaliwal, meted the sentence on Azami Mohamed, 49.

The panel did so following the abolition of the mandatory death sentence effective July 4, which allowed them to choose between a minimum of 30 years’ and a maximum of 40 years’ imprisonment, in lieu of the death sentence.

The father of three was ordered to serve the sentence from the date of his arrest on October 2, 2014.

Reading out the unanimous judgment, Zabidin said the High Court did not err in its verdict against the Azami.

On November 23, 2022, the Court of Appeal upheld the Kuala Terengganu High Court’s death sentence on Azami set for July 14, 2029, under section 302 of the penal code.

He was found guilty of murdering Rohadi Yaakob, 49, in Kampung Jelapang, Sungai Tong, Setiu, at 6pm on October 2, 2014.

During the proceedings, deputy public prosecutor How May Ling submitted that the court should take into account the 35 injuries sustained by the victim and the appellant’s intention to kill him.

“During the incident, there was a verbal argument between the appellant (Azami) and the deceased, where the appellant said ‘aku akan tepuh mu sampai mapuh’ (I will run you over until you die),” she said.

Azami’s lawyer, Mohd Kamaruzaman A Wahab, pleaded in mitigation for the court to give his client a second chance by commuting the death sentence.

“My client has three children. He worked as a lorry driver earning RM1,000 a month, and he has no prior criminal record,” Kamaruzaman said. – Bernama, December 5, 2023.