PUTRAJAYA, Sept 29 — A 22-year-old man filed an appeal at the Federal Court against his conviction and an order that he be detained at the pleasure of the Yang-di-Pertuan Agong for the murder of 23 people in a fire at the Darul Quran Ittifaqiyah Tahfiz Centre in 2017.
His lawyer, Haijan Omar, when contacted by Bernama, said the notice of appeal was filed on September 21.
On September 11, the Court of Appeal's three-member bench comprising Datuk Abu Bakar Jais, Datuk Che Mohd Ruzima Ghazali and Datuk See Mun Chun dismissed the youth’s appeal and upheld his conviction and prison sentence.
Justice Che Mohd Ruzima, who delivered the court’s decision, said the court agreed with the findings of the High Court judge in ruling that the circumstantial evidence presented by the prosecution was strong and pointed to one direction, namely that the youth, along with another unidentified person, climbed the school fence to start a fire, killing 23 people
The same panel also dismissed the prosecution’s appeal against the High Court’s decision in acquitting and discharging another man, also aged 22, of the murder, without calling for his defence.
However, it was learnt no notice of appeal was filed by the prosecution against the acquittal of the second efendant for the offence. The last date to file the notice of appeal was Monday (September 25).
On August 17, 2020, the High Court found the first defendant guilty of murder and ordered him to be detained at the pleasure of the Yang-di-Pertuan Agong. On the same day, the High Court acquitted the second defendant.
According to the charge, the youth, who was then 16 years old, along with another person still at large, was accused of murdering and causing the death of 23 people in the tahfiz centre at Jalan Keramat Hujung, Kampung Datuk Keramat, Wangsa Maju here, between 4.15am and 6.45am on September 14, 2017.
He was charged with 23 counts of murder, each framed under Section 302 of the Penal Code and read together with Section 34 of the same law, which provides for the mandatory death sentence upon conviction.
However, Section 97(1) of the Child Act 2001 stipulates a death sentence shall not be pronounced or recorded against a person convicted of an offence if the child is under the age of 18, and in lieu of the death sentence, as provided under Section 97 (2) of the same law, the court shall order the person to be detained at the pleasure of the Yang di-Pertuan Agong.
— Bernama
