Wireman escapes gallows as Federal Court jails him for gang robbery with murder
Bernama
New Straits Times29 November 2017
PUTRAJAYA: A wireman escaped the gallows after the Federal Court today set aside his conviction for murder and found him guilty instead on a charge of gang robbery with murder.
A five-man panel chaired by Chief Justice Tun Md Raus Sharif sentenced Mohd Naim Ramli to 25 years jail and ordered him to be given 10 strokes of the cane for the offence under Section 396 of the Penal Code.
In allowing Mohd Naim’s appeal to set aside his conviction for murder, he said that based on evidence, the court found that Mohd Naim’s conviction for murder was not safe.
“From the evidence available, we are of the view that the accused was involved in robbery and hence we unanimously find the accused guilty under Section 396 of the Penal Code,” said Justice Raus.
On the sentence, he said the offence committed by Mohd Naim, 29, was a serious one and the court cannot consider the submission made by his counsel Ridha Abdah Subri to impose a 15-year jail term. He also said that imposing the death sentence was also not safe.
Deputy public prosecutor Faizah Mohd Salleh had urged the court to retain the death sentence as she said section 396 of the Penal Code provided the death sentence or jail for up to 30 years and whipping upon conviction.
Presiding with Justice Raus were Federal Court judges Tan Sri Zainun Ali, Tan Sri Ramly Ali, Tan Sri Azahar Mohamed and Tan Sri Zaharah Ibrahim.
In March 2015, Mohd Naim was convicted and sentenced to death by the Shah Alam High Court for the murder of Loh Min Lee, 36, a computer engineer, at his home in Jalan Putra Perdana, Puchong, at 4.15 am on Dec 7, 2012.
The Court of Appeal upheld the decision on Sept 27 last year.
Evidence adduced by the prosecution showed that Mohd Naim and a friend had gone to rob Loh at his house, and that Loh was attacked with a hammer by Mohd Naim and sustained injuries which led to his death.
Loh was asleep in his bedroom when the incident happened. — BERNAMA © New Straits Times Press (M) Bhd
