PUTRAJAYA: A man escaped the gallows when the Federal Court today commuted his death sentence to 33 years in jail and 12 strokes of the cane for murdering his fiancee by dousing her with petrol and setting her alight seven years ago.
A panel of three judges chaired by Datuk Zabariah Mohd Yusof made the unanimous decision to set aside the death sentence handed down by the Johor Baru High Court against Mohamed Hafiz Mohd Bakri, 36, after allowing his final appeal against the sentence.
"The death penalty is set aside and replaced with a prison sentence of 33 years from the date of arrest (April 21, 2017) and 12 strokes of the rotan," said Zabariah, who sat with judges Datuk Harmindar Singh Dhaliwal and Datuk Abdul Karim Abdul Jalil.
On Oct 5, 2020, the Johor Baru High Court sentenced Hafiz to death after he was found guilty of killing Nina Farrina Simbul, 21, at a house in Taman Sri Bahagia, Tampoi, Johor Baru at 4.30pm on April 21, 2017, under Section 302 of the Penal Code.
Hafiz's appeal was dismissed by the Court of Appeal on Oct 14, 2021.
Earlier, Hafiz's lawyer Muhammad Abd Kadir told the court that they had submitted a representation to the Attorney-General's Chambers for the exclusion of the death penalty in line with the Abolition of Mandatory Death Penalty Act 2023.
Deputy public prosecutor Mohd Amril Johari, who confirmed the matter, requested that the appellant be sentenced to 35 years' imprisonment due to the manner in which the victim died.
However, Muhammad appealed for the minimum imprisonment term to be given to his client, arguing that the incident was not premeditated, even though there was evidence of petrol purchase.
"The petrol was bought for another purpose, and the quantity was small, valued at only RM2. The appellant tried to extinguish the fire on the deceased by pouring water but was unsuccessful before rushing the woman to the hospital.
"The appellant regrets his actions and hopes to soon be released from prison and become a productive member of society," said the lawyer.
In prior testimony, a witness revealed that on the day of the incident, Hafiz had requested him to purchase petrol and instructed him to position the petrol bottle in the room.
The witness, who is Hafiz's nephew, overheard an argument between Hafiz and his fiancée in the living room.
However, Hafiz directed him into the room, refraining from involving him in their dispute.
Nevertheless, the witness discreetly observed from behind the curtain as Hafiz poured petrol onto his fiancée's body, witnessing the subsequent ignition of flames that tragically engulfed the woman. — Bernama