PUTRAJAYA: Two turtle egg collectors escaped the gallows after the Court of Appeal here today commuted the mandatory death sentence to 12 years imprisonment, for causing the death of their colleague who was trying to break up a fight, eight years ago.
A panel of three judges, led by Datuk Hadhariah Syed Ismail, meted out the sentence against Faizol Aznan Muhamad, 43, and Mohd Riduan Ismail, 35, after the court unanimously replaced the conviction under Section 302 of the Penal Code for the offence of murder, to Section 304 (a) of the same law.
“Therefore, the sentence under Section 302 of the Penal Code is set aside, and replaced with a 12-year prison sentence, starting from the date of arrest,” said Judge Hadhariah. The other judges on the bench were Datuk Ahmad Zaidi Ibrahim and Mohamed Zaini Mazlan.
Faizol and Mohd Riduan were arrested in 2016 and 2017 respectively.
Earlier, lawyer Ghazali Ismail, who represented the two appellants, informed the court that the defence had submitted a representation to the Attorney General’s Chambers (AGC), to amend the charges against the clients, from Section 302 of the Penal Code to Section 304 (a) of the same law, and it was agreed by AGC.
“The 12-year prison sentence, starting from the date of arrest, was also agreed upon by both parties,” he said, and the matter was also confirmed by deputy public prosecutor, Mohd Amril Johari.
The charge, framed under Section 304 (a), was read to Faizol Aznan and Mohd Riduan and they later pleaded guilty to the charge.
The two men were accused of causing the death of Razak Abdullah, 50, who was also a turtle egg collector, at Pantai Geliga, in front of Sekolah Kebangsaan Sri Geliga Chukai, Kemaman at about 7 am on June 3, 2016. The charge was framed under Section 304 (a) of the Penal Code, which provides for a maximum prison sentence of 30 years, and is liable to a fine.
Based on the facts of the case, Faizol Aznan had an argument with a man, who is also a turtle egg collector, regarding the division of the turtle laying area on the beach.
Razak, the victim, who was at the scene of the incident, tried to calm both parties, which angered Faizol Aznan, who then repeatedly hit the victim in the face with a stick. The second accused, Mohd Riduan, intervened by hitting the victim in the face with a helmet.
On Aug 9, 2021, the Kuala Terengganu High Court sentenced Faizol Aznan and Mohd Riduan to death, after finding that the defence had failed to raise reasonable doubt against the prosecution’s case at the end of the defence case.
