Federal Court rejects appeal to commute death sentence in Bill Kayong murder case

Court - DayakDaily.com file pic. // Photo: Pixabay

By Dorcas Ting

KUCHING, Sept 26: The Federal Court today dismissed an appeal by Mohamad Fitri Pauzi, 37, to commute his death sentence to imprisonment, maintaining his original punishment for the murder of social activist Bill Kayong.

A panel of three judges, led by Tan Sri Abang Iskandar Abang Hashim, along with Datuk Seri Hasnah Datuk Mohammed Hashim and Datuk Rhodzariah Bujang, unanimously ruled to reject the appeal.

In delivering the decision, Abang Iskandar stated that the request to convert the death sentence to imprisonment should not be granted due to the severity of the crime.

“The murder was carried out with extreme cruelty, sparking widespread outrage. This was an act of revenge related to a land dispute. The appellant had planned the crime, using more than a single bullet, with the victim dying instantly from multiple pellets that struck the lower part of his head,” Abang Iskandar explained.

He added that the circumstances of the case justified the death penalty, which was deemed the most appropriate and fair punishment for the appellant.

Earlier, Mohamad Fitri had applied for a review of his sentence under the 2023 Death Penalty and Life Imprisonment Review Act (Federal Court’s Temporary Jurisdiction) and the 2023 Abolition of Mandatory Death Penalty Act. These laws allow the Federal Court discretion in reviewing death sentence cases.

On March 15, 2022, the Federal Court had already upheld the mandatory death sentence after affirming the rulings of both the High Court and the Court of Appeal.

Mohamad Fitri, who worked as a nightclub security guard, was convicted by the Miri High Court in 2018 for the murder of Bill Kayong. The incident occurred on June 21, 2016, at a traffic light junction near a supermarket along Jalan Miri-Kuala Baram. His appeal to the Court of Appeal was also dismissed on February 18, 2020.

The conviction was under Section 302 of the Penal Code, which mandates the death penalty or imprisonment for not less than 30 years, and up to 40 years, if the death sentence is not imposed. Additionally, the convict is subject to at least 12 strokes of the cane.

During the trial, Mohamad Fitri failed to cast reasonable doubt on the prosecution’s case. Evidence presented included a face mask and shotgun case containing his DNA.

The case was prosecuted by Deputy Public Prosecutor Ng Siew Wee, while the appellant was represented by a court-appointed lawyer.