PUTRAJAYA: The Federal Court here on Monday upheld the conviction and death sentence of a former police constable for the murder of a two-year-old boy and his babysitter nearly 12 years ago.
The five-man bench led by Federal Court judge Tan Sri Ahmad Maarop, in a unanimous decision, held that based on evidence, the court found that Mohd Nahar Abu Bakar's conviction was safe.
The court dismissed his appeal against the Oct 5, 2010 Shah Alam High Court verdict to find him guilty of killing two-year-old Muhammad Nurosama Shohimi, whose father is former Klang Umno division secretary Shohimi Shafie and the toddler's babysitter Siti Rohana Baharom, 34.
"There is no merit in the appeal. On evidence, the High Court made the correct decision in finding him (Mohd Nahar) guilty on the murder charges," said Justice Ahmad.
Mohd Nahar, 39, previously attached to the Kampung Baru police station, Manjung, Perak, was accused of committing the murders at Siti Rohana's low-cost flat in Bandar Baru Klang, Klang at 1 pm on Dec 30, 2003.
Mohd Nahar appealed to the Federal Court after his attempt to set aside his conviction and death sentence was unsuccessful in the Court of Appeal, which was dismissed on Jan 3, 2013.
The daughter of Mohd Nahar's girlfriend who was eight years old at the time of the inident testified in court that she saw Mohd Nahar strangle and stab Siti Rohana on her chest before fleeing. She was 15 years old old when she gave her evidence in court.
The girl's mother and Siti Rohana's husband were cousins. She was however cared for by Siti Rohana and her husband since her birth.
The post-mortems found two stab wounds on Siti Rohana which caused massive bleeding that led to her death while Muhammad Nurosama whom Siti Rohana was carrying, was stabbed twice from behind. Both were stabbed with a rambo knife.
Mohd Nahar's girlfriend testified that she saw blood stains on the right side of his (Mohd Nahar's) white shirt and he also told her that his hand was injured.
However, Mohd Nahar, in his defence, testified that he injured his hand after his two friends got into a fight over unsettled debt.
Mohd Nahar was represented by counsel Datuk Naran Singh while deputy public prosecutor K. Mangai appeared for the prosecution. - Bernama
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