Death sentence upheld on 2 SMART members convicted of murder – Free Malaysia Today

PUTRAJAYA: Two members of the Special Malaysia Disaster Assistance and Rescue Team (SMART) failed in their final appeal in the Federal Court to set aside the death sentence imposed on them for killing a fish pond operator seven years ago.
A three-member bench, comprising justices Abdul Rahman Sebli, Zabariah Mohd Yusof and Hasnah Mohammed Hashim, unanimously dismissed the appeal of Syazwan Saad and Iskandar Zulkarnain Abdul Manaf against their conviction and death sentence.
Rahman, who led the bench, said it was the court’s view that the circumstantial evidence adduced by the prosecution was strong enough to establish the guilt of both men for the murder.
“Having given careful consideration, we are not persuaded that the Court of Appeal was wrong in affirming the decision of the High Court,” he said.
Syazwan, 36, and Iskandar, 35, were found guilty and sentenced to death by the High Court in August 2016, for the murder of Alias Mat Noor, 52, at a flood retention pond in Cyberjaya, Selangor the previous year.
An appeal to the Court of Appeal was dismissed on Oct 20 last year and they further appealed to the Federal Court.
According to the facts of the case, police received information on July 15, 2015, that an unidentified body was found floating in the flood retention pond. The victim’s children later identified the body as that of their father.
The victim’s brother, who worked at the durian orchard, testified that he saw the victim with two unknown men in a red Mitsubishi Pajero on July 7, 2015.
Another prosecution witness, who was Iskandar’s supervising officer, testified that he received a WhatsApp message from one Lim Chun Jie, containing the victim’s identity card and a message saying “kasi settle” (settle it).
Lim, a marketing manager aged 31, was charged with abetting Syazwan and Iskandar to commit murder and was found guilty and sentenced to death. However, the Court of Appeal acquitted and discharged him. The prosecution did not appeal.
Lawyers Hisyam Teh Poh Teik and Kee Wei Lon represented Syazwan while lawyer Andrew Lourdes represented Iskandar.
Deputy public prosecutors Parvin Hameedah Natchiar and Aida Khairuleen Azli appeared for the prosecution.
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