IPOH, Aug 8 — The High Court has sentenced a man to death by hanging for killing a Bangladeshi man in Sungai Kinta, Sungai Galah area, Kampung Gajah in Perak Tengah district, seven years ago.
Judge Su Tiang Joo sentenced Mohamad Amier Amzar Mohamad Aspar, 28, after the man was found guilty of killing MD Ovaidul, 32, at the location between 8.20pm and 10.25pm, on December 15, 2018, under Section 302 of the Penal Code.
In his judgment, he said he agreed with the prosecution that the murder was premeditated and committed in an extremely brutal manner by the convict.
"It could have caused much pain and agony to the deceased over a prolonged period of time in between the beating in his house and then being taken to the riverbank before the fatal cut was administered by the accused, and the body unceremoniously dumped into the river to hide traces of the crime.
"In other words, the death was not sudden and quick. In the second circumstance, I accept the presumptions of the prosecution that the death sentence would be appropriate, and I sentence the convict to be punished with death and pursuant to Section 277 of the Criminal Procedure Code, the accused is to be hanged by the neck until he is dead," Judge Su said.
The judge noted that the aggravating circumstances outweighed the mitigating circumstances, which include the accused interfering with a prosecution witness, the pain and suffering from the injury sustained, the extent of the injuries, and the accused dumping the deceased's body into the river.
"The convict is a Malaysian and the deceased a Bangladeshi national. This is a neutral circumstance because under Article 8, Sub-Article 1 of our Federal Constitution, all persons are equal before the law and are entitled to the equal protection of the law," he said.
Earlier, the victim's brother MD Hossain Khan also delivered a victim impact statement with via an interpreter on behalf of his family in Bangladesh.
He said Ovaidul was the third of six siblings with both parents still alive, and that the family was dependent on the victim working in Malaysia to support their livelihood in Bangladesh.
"Before the incident, my brother had told me that he planned to return to Bangladesh within a month to get married.
"Our family had made preparations in the village, but those dreams were shattered when he was brutally murdered and, more sadly, murdered by the son of his own employer, the accused," Hossain said.
He added that Ovaidul's death left a deep impression on him and his family because his younger brother was not a criminal but a good son and brother and was the hope of the family.
"My younger brother did not die of illness, did not die of an accident, but he died because he was brutally murdered by the person who was supposed to protect him as an employer. The accused's actions against my younger brother were inhumane," Hossain said.
The prosecution was conducted by Deputy Public Prosecutor JS Geetha, while the accused was represented by lawyer V. Santhiran.
After the judgment proceedings today, the accused was seen hugging his family members, who were crying after hearing the verdict.
The trial, which began on January 6, 2020, involved 24 prosecution witnesses and one defence witness, the accused himself.
On December 19, 2018, it was reported that the body of a man with one leg tied to a motorcycle was found in Sungai Kinta, Sungai Galah area, Kampung Gajah on the evening of December 18.
