Taiping pair convicted as teens for killing girl’s brother remain detained at Perak Sultan’s pleasure order as Court of Appeal rejects bail bid

“PUTRAJAYA, May 16 — The Court of Appeal today dismissed applications by two former students, a boy and a girl, seeking a stay of execution and bail pending the hearing of their appeal. They had appealed against a High Court decision that found them guilty of murder and ordered them to be detained at the pleasure of the Sultan of Perak. Justice Datuk Ahmad Kamal Md Shahid, who chaired a three-member bench, ruled that the reasons advanced by both applicants did not constitute special or exceptional circumstances to justify granting bail. Sitting with him were Justices Datuk Ong Chee Kwan and Datuk Seri Mohd Radzi Harun. The two individuals were convicted by the Taiping High Court on Jan 13 this year for the murder of the second accused’s 17-year-old brother, identified only as SM. The offence took place at a housing estate in Kamunting, Taiping, Perak, between 3 pm and 6 pm on July 5, 2019. As the offenders were minors at the time, the High Court ordered that they be detained at the pleasure of the Ruler of Perak, pursuant to Section 97(2) of the Child Act 2001. The boy was 15 years old and the girl was 14 years old when they committed the offence. They are now 22 and 21, respectively. Both of them had been on bail throughout their trial until the High Court delivered its decision. They were previously granted bail of RM20,000 each with two sureties, subject to several conditions, including reporting to a police station twice a week, as well as restrictions on their movement and travel. During the proceedings today, counsel Ahmad Faazil Rahman Saiful Jaafar Sadik, representing the male applicant, applied for a stay of execution and bail for his client, stating that his client had been pursuing studies in business administration and had already obtained a diploma. He added that the applicant wished to continue his education and complete his degree, and that his continued detention would force him to abandon his studies. Counsel for the female applicant, Nur Aida Md Zainuddin, who was assisted by co-counsel SK Loges Kesavan, said her client is now married and has a two-year-old child, whom she is still breastfeeding. She said that following her client’s detention, the child was initially cared for by her biological parents, but, due to their ill health, is now being looked after by an aunt and uncle. She added that both her client’s husband and uncle are willing to act as bailors. Nur Aida said the appeal is still pending before the Court of Appeal, with no date for case management fixed yet. Deputy public prosecutor Zaki Asyraf Zubir opposed both applications, arguing that no special circumstances existed to justify bail. High Court Judge Noor Ruwena Md Nurdin, in her grounds of judgment, had stated that there were premeditated acts and preparations made by the perpetrators to attack the deceased and incapacitate him before delivering the fatal blow. According to the facts of the case, the deceased’s remains, wrapped in plastic, were found at the back door of a neighbour’s house. Both of the deceased’s hands were tied. A forensic pathologist testified that the deceased died from excessive bleeding due to a stab wound to the neck. — Bernama

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