The Federal Court today affirmed the death sentence imposed on a former security guard who discharged a firearm at a Bangladeshi cashier at a petrol kiosk during a robbery 5 years ago.
A 3-member bench chaired by Chief Judge of Sabah and Sarawak Abang Iskandar Abang Hashim said the conviction of Fairon Azman Amiron, 37, by the trial judge was safe.
“The sentence is affirmed under Section 3 of the Firearms (Increased Penalty) Act 1971,” he said in dismissing the appeal.
Also on the bench were Vernon Ong Lam Kiat and Harmindar Singh Dhaliwal.
Fairon’s final avenue is to apply for a pardon to the Yang di-Pertuan Agong to commute his death penalty to a jail term as the offence was committed in the Federal Territory of Kuala Lumpur.
He committed the offence on Tarikul Islam Tarak at the Petroniaga Mesra service station at Jalan Genting Klang in Setapak at about 5.40pm on Aug 7, 2016.
The High Court found him guilty on Sept 27, 2017 and the Court of Appeal maintained the conviction and sentence on Jan 16, 2019.
According to the facts of the case, the accused pointed a revolver and demanded Tarikul to hand over cash to him.
However, Tarikul grabbed him from behind and both men grappled in the struggle that followed.
Fairon is said to have fired three shots, one of which hit the victim’s hip, causing him severe injury.
Other workers at the kiosk however, managed to do a citizen’s arrest before the police were informed about the incident.
Prosecutors during trial also adduced evidence that the incident was captured by closed-circuit television.
Deputy public prosecutor Nurul Farhana Khalid today submitted that the finding of the trial judge should be maintained as the accused’s act was intended to cause hurt or death to the victim.
Lawyer Afifuddin Hafifi who was assisted by Liyana Athirah earlier submitted that the charge be substituted for the lesser offence of unlawful possession of firearms to spare his client the gallows.
He said under Section 8 of the Firearms (Increased Penalty) Act, any person who is in possession of a firearm can be sentenced up to 14 years’ jail and with a minimum whipping of 6 strokes of the rotan.
Source: freemalaysiatoday.com, Staff, July 28, 2021
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"One is absolutely sickened, not by the crimes that the wicked have committed,
but by the punishments that the good have inflicted." -- Oscar Wilde
