PUTRAJAYA – The Court of Appeal here today upheld the death sentence of a labourer for the triple murder of three young siblings five years ago.
A three-member bench comprising justices Datuk Vazeer Alam Mydin Meera, Datuk Collin Lawrence Sequerah and Datuk Azmi Ariffin unanimously dismissed Shahrul Pitri Jusoh’s appeal against his conviction and death sentence.
In the court’s decision, justice Vazeer said Shahrul Pitri’s defence of legal insanity has been rebutted by a consultant forensic psychiatry expert who testified that the accused was aware of the consequences of his action.
On the death sentence, justice Vazeer rejected Shahrul Pitri’s request for his death sentence to be commuted to a jail sentence.
Justice Vazeer said although the appellate court has the discretion to set aside the death sentence imposed on Shahrul Pitri, 40, and commute it to a custodial sentence of between 30 years to 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.
Looking at the overall evidence and mitigation presented by the appellant, he said 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.
Justice Vazeer said the lives of three children were lost due to the cruel acts of the appellant.
Hence, he said the death sentence imposed by the high court on Shahrul Pitri is upheld.
On August 6, 2020, the Ipoh High Court found Shahrul Pitri guilty of killing Muhammad Faqih Zahirulhag Mohd Fadzil, five, Muhammad Firash Zafrill, three, and Nur Zia Fasihah, two, in a house in Kg Sungai Haji Muhammad, Selekoh, Teluk Intan, Perak between 2.30pm and 2.40pm on May 17, 2018.
Shahrul Pitri, 40, was also found guilty and sentenced to six years’ jail for attempting to kill the children’s mother Zuraidah Mat Ali with a machete 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 a teacher Redhuan Embi, 37.
The high court had ordered Shahrul Pitri 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 Pitri is only appealing with respect to the high court’s decision for the murder charges.
He said Sharul Pitri is withdrawing his appeals against his conviction and imprisonment term for the attempted murder offence and the causing hurt offences. The court subsequently struck out his appeals.
Deputy public prosecutor Fauziah Daud submitted that the consultant forensic psychiatrist Dr Ian Lloyd Anthony’s testimony did not support Shahrl Pitri’s defence of legal insanity.
She also asked the court to maintain the death sentence saying that it involved three innocent young children.
Shahrul Pitri has one more right of appeal, at the Federal Court. – September 14, 2023