PUTRAJAYA: A former special branch officer, who fatally shot his colleague a decade ago, has had his death penalty commuted to 38 years in prison by the Federal Court today.
The Federal Court’s three-judge panel allowed the former corporal Wan Masrul Faiezie Wan Mustapha’s application for a review of his death sentence under the Revision of Sentence of Death and Imprisonment for Natural Life (Temporary Jurisdiction of the Federal Court) Act 2023.
The panel included Justices Datuk Harmindar Singh Dhaliwal, Datuk Rhodzariah Bujang and Datuk Hanipah Farikullah.
Justice Harmindar, delivering the court’s decision, said Wan Masrul’s case was not an exceptional case. He said that the killing stemmed from a dispute over a debt.
Justice Harmindar allowed Wan Masrul Faiezie’s review application, replacing the death sentence with a 38-year prison term, effective from Feb 2, 2014, the date of his arrest.
Wan Masrul Faiezie, 43, who was previously attached to the Special Branch at Bukit Aman police headquarters, was convicted and sentenced to death by the High Court in 2018 for the murder of Lans Corporal Thivakar Thangavelu, 37.
He committed the crime at Jalan Negeri Sembilan in Bukit Persekutuan, Kuala Lumpur between 4.11 pm and 4.50 pm on February 4, 2014.
Both the Court of Appeal and the Federal Court had previously dismissed his appeals in 2020 and 2021, respectively.
Earlier, Wan Masrul Faizie’s lawyer Kee Wei Lon said it was an error of judgment on the part of his client after the deceased demanded repayment of double the amount of money he had borrowed.
He said it was not premeditated murder and urged the court to allow the review application.
Deputy public prosecutor (DPP) Norzilati Izhani Zainal @ Zainol argued that the deceased was shot twice at close range.
Meanwhile, the same panel of judges also commuted the death penalty of a former mechanic Mohd Afizi Abdul Rahman to 35 years in prison for the murder of his girlfriend Saliza Saidin in 2014.
Justice Harmindar directed Mohd Afizi’s sentence to commence from Jan 22, 2014, and additionally imposed 12 strokes of rotan.
Mohd Afizi was convicted by the High Court in 2017 for killing the 29-year-old woman at a low-cost flat in Setapak Jaya, Sentul, Kuala Lumpur between 1-1.30 am on Jan 21, 2014. Saliza died from severe burns on Feb 1, 2014, after 11 days of treatment.
The 37-year-old man was also sentenced to 12 years in prison for attempting to murder Saliza’s two-year-old daughter, Nur Airis Qaliesha Mohd Shahril, and her neighbour’s two-month-old daughter Nur Dia Syazana.
During today’s proceeding, Mohd Afizi’s lawyer Farida Mohammad argued for the commutation of the death penalty, citing provocation as a contributing factor. She said a quarrel between Mohd Afizi and the deceased arose due to a conflict in their relationship.
DPP Afzainizam Abdul Aziz suggested that the court impose a 35-year jail term with 12 strokes of the rotan. He said Mohd Afizi not only killed the deceased but also attempted to murder two children.
