Myanmar national to serve 30 years in jail for employers murder

Federal Court says there is overwhelming evidence that Than Nwe Soe murdered Goh Geok Leng.

A three-member bench chaired by Chief Judge of Malaya Hashim Hamzah dismissed Than Nwe Soe’s appeal against his conviction.

Hashim said there was no reason for the apex court to interfere with the findings of the trial judge, which were upheld by the Court of Appeal.

“There is overwhelming evidence that the appellant (Than) committed murder as charged. The conviction is safe,” said Hashim, who sat with Chief Judge of Sabah and Sarawak Azizah Nawawi and Justice Ruzima Ghazali.

The bench also maintained the 30-year jail term – the minimum sentence for the offence – as well as 12 strokes of the rotan.

The court ordered Than to begin serving his prison sentence from the date of his arrest on April 13, 2018.

Since July 2023, courts have been given the discretion to impose a prison sentence of between 30 and 40 years, along with a minimum 12 strokes of the rotan, for male offenders below the age of 50.

Than committed the offence against Goh Geok Leng together with another individual who remains at large at the premises of Yu-Win Motor Trading Sdn Bhd in Kampung Sri Purnama, Johor, at about 2pm on April 13, 2018.

The victim was found half-naked and blindfolded, with her mouth gagged and hands and feet shackled with chains.

Based on information received, police discovered her body in a container where the accused lived.

Traces of both the accused and the victim’s DNA were found at the scene, further strengthening the prosecution’s case.

On Jan 30, 2023, the High Court in Johor Bahru convicted Than, 43, of murdering Goh and sentenced him to death.

Last year, the Court of Appeal substituted the death sentence with a 30-year jail term and 12 strokes of the rotan.

Lawyer Grace S Nathan represented Than while deputy public prosecutor Asnawi Abu Hanipah appeared for the prosecution.

Nathan urged the bench to reduce the charge to culpable homicide not amounting to murder, arguing that intention had not been proven, while Asnawi submitted that there were concurrent findings of fact by the two lower courts.