PUTRAJAYA: A carwash worker who was convicted of murdering a septuagenarian after robbing him failed to escape the gallows when he lost his appeal at the Court of Appeal today.
In upholding the High Court's decision, a three-man bench led by judge Datuk Tengku Maimun Tuan Mat said the lower court had not erred in sentencing Herman Mohd Ali, 34, to death for murdering Eyu Ah See @ Yeo Thiam Ser, 73.
In a unanimous decision, after reviewing the appeal records and judgment, the court agreed with the Muar High Court's decision on May 25 last year that the prosecution succeeded in proving its case against the appellant (Herman).
Tengku Maimun, who presided with judges Datuk Yaacob Md Sam and Datuk Rhodzariah Bujang, said there was no reason for them to interfere with the High Court's findings.
"We find that the conviction is safe and therefore the appeal is dismissed, and the conviction and sentence upheld," she said after hearing submissions by deputy public prosecutor Muhammad Azmi Mashud and counsel Muhammad Abd Kadir, who represented the appellant.
Herman was charged with murdering the senior citizen after breaking into his house in Jalan Pasar, Batu Pahat, Johor, as he was attempting to commit robbery between 9pm and 9.30pm on Sept 11, 2014.
The Muar High Court also sentenced him to 10 years' jail after finding him guilty of causing hurt to the victim's brother Yeo Thian Gark, 63, during the incident.
However, Herman did not appeal against the 10-year jail sentence.
According to the prosecution's case, the appellant broke into the deceased house while the deceased was singing in the living room.
The appellant who was wielding a parang had slashed the victim's brother's (Thian Gark) head and asked for money.
After handing over his wallet to the appellant, Thian Gark saw the deceased (Thiam Ser) struggling to take the parang from the appellant in his room.
Thian Gark then saw his brother (the deceaded) lying on the floor, motionless with slash wounds on his head, waist, arms, and fingers, and his intestines had spilt out of his belly.