PUTRAJAYA: Two former policemen escaped the gallows after the Federal Court’s three-member panel today commuted the death sentences imposed on them to 40 years in jail for the murder of an Indonesian mechanic 18 years ago.
The panel comprising Chief Justice Tun Tengku Maimun Tuan Mat and Federal Court judges Datuk Nordin Hassan and Datuk Vazeer Alam Mydin Meera allowed Ailias Yahya and Saiful Azlan Shah Abdullah’s review applications under the Revision of Sentence of Death and Imprisonment for Natural Life (Temporary Jurisdiction of the Federal Court) Act 2023.
The duo, who have been incarcerated in prison for 18 years and three months, were ordered to serve jail sentences from the date of their arrest on Jan 22, 2006.
The court, earlier rejected deputy public prosecutor Tetralina Ahmed Fauzi’s request to uphold the death sentence on the two former policemen as she said their case falls under the rarest of the rare category.
She told the court that the deceased Yusrizal Yusuf, 38, was under full control of the two men at all times, from the time of his arrest until his death.
Tetralina said Yusrizal was shot “execution style” when he was brought to an open space field at KM22, Kuala Lumpur-Kuala Selangor-Batu Arang road, in Gombak, Selangor. He was handcuffed and was told to kneel down and Saiful Azlan fired three shots to his head at close range while Ailias stood in front of the deceased.
Lawyer Muhammad Fadhli Sutris representing Ailias and Saiful Azlan, however, urged the court to give his clients a second chance saying that Ailias is suffering from a chronic disease and is wheel-chair bound while Saiful Azlan had been admitted to ICU several times.
He said Ailias who had served the Royal Malaysia Police since 1976 and Saiful Azlan worked with the police force since 1982 regretted what they had done and asked for mercy from the court as they wanted to meet their families.
Ailias, 70, a former corporal and Saiful Azlan, 60, a former lance corporal, were sentenced to death by the Shah Alam High Court in 2011 for killing Yusrizal at Ladang Caledonia KM22 between 10.00 pm and 11.30 pm on Jan 13, 2006.
They lost their appeals in the Court of Appeal and Federal Court to overturn their convictions and death sentences.
According to the facts of the case, the deceased was alleged to have had an affair with the wife of a man who had then lodged a police report after the deceased had threatened him.
