Selangor Journal

Ex-excavator driver escapes gallows, sentence commuted to 38 years in prison

KOTA BHARU, April 17 — A former excavator driver escaped the death penalty after the Federal Court commuted his sentence to 38 years in prison and 12 lashes for killing a woman 16 years ago.

The case is one of the 28 reviewed during the Federal Court of Malaysia Conference held at the Kota Bharu High Court today. The conference also involved cases in East Coast states.

In today’s proceedings, a three-judge panel led by Chief Justice Tun Tengku Maimun Tuan Mat granted the review application of Zulhisham Fadly Mohamad, 43, under Section 302 of the Penal Code, Sections 2(4) and 3(1) under the Revision of Sentence of Death and Imprisonment for Natural Life (Temporary Jurisdiction of the Federal Court) Act 2023.

Judge Tengku Maimun set aside the death sentence and replaced it with life imprisonment for 38 years and 12 lashes.

She also ordered him to serve the sentence from April 21, 2008, the date of his arrest.

Deputy Public Prosecutor Mohd Fuad Abdul Aziz did not object to the review application.

The other judges who sat were the Court of Appeal president Tan Sri Abang Iskandar Abang Hashim and Federal Court Judge Datuk Nordin Hassan.

Zulhisham, who has been imprisoned for almost 16 years, was represented by lawyer Mazlan Md Zain.

In 2011, Zulhisham Fadly, an excavator driver, was sentenced to death by hanging by the Kuala Terengganu High Court for killing and burying the body of Zaiton Muhamad, 55, in a dragon fruit orchard in Hulu Kemaman, in 2008.

The accused appealed to the Court of Appeal through a Criminal Appeal, and on June 17, 2014, the Court of Appeal rejected his appeal and confirmed the death sentence on him.

He then appealed to the Federal Court, and the court rejected the appeal on September 7, 2015, by confirming the conviction and death sentence.

— Bernama

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