KUCHING: The Federal Court review panel on Wednesday (Nov 22) reduced a convicted killer’s life sentence to a maximum of 40 years in prison.
The charges against him included killing a schoolgirl, engaging in sexual intercourse with the corpse, and subsequently decapitating the victim.
According to Free Malaysia Today (FMT), Justice Zabariah Yusof, leading a three-member bench, directed that John Nyumbei’s prison term should commence on March 18, 1993, the day of his arrest.
Following the revised sentence, the 57-year-old was released, considering a one-third remission of his sentence, as conveyed by his court-appointed lawyer, Joshua Baru Bian. Justices Rodzariah Bujang and Abdul Karim Abdul Jalil also served on the review panel alongside Zabariah.
John submitted his application in accordance with the provisions of the Revision of the Sentence of Death and Imprisonment for Natural Life (Temporary Jurisdiction of the Federal Court) Act 2023.
Initially condemned to death by the High Court on April 4, 1997, he saw his murder conviction and sentence affirmed by the Court of Appeal and subsequently by the Federal Court.
However, the Pardons Board commuted his death sentence to a natural life term on Feb 15, 2016. Subsequently, John sought a review of his sentence in the Federal Court under the 2023 Act, allowing the courts to consider substituting a natural life term with a prison sentence ranging from 30 to 40 years.
During the court session, deputy public prosecutor Yusaini Amer Abdul Karim advocated for the maximum sentence, emphasising the heinous nature of the crime.
“The court must take into account the nature and seriousness of the offence, public interest, and also the impact the offences caused to the family members,” said Yusaini with support from DPP Fairuz Johari.
On March 16, 1993, between 5.30am and 7am, John committed the murder of 18-year-old Jong Liu Chin in Sebuku, Bau. Upon receiving information, a police officer discovered a headless body adorned in a blue school uniform with the victim’s name tag attached.
Subsequently, John was apprehended on March 18, leading to the recovery of a knife.
Further investigation led the police to discover a human skull, later confirmed by Masatsugu Hashimoto, a professor in forensic odontology and physical anthropology at the University of Tokyo, to belong to the deceased.
During the trial, Dr Sardar Jehan, a forensic pathologist, provided testimony indicating evidence of sexual intercourse based on a significant quantity of sperm deposits.
John was unsuccessful in convincing the court that he was of unsound mind at the time of committing the offence.
He confessed to killing the girl and engaging in sexual intercourse with the corpse. Additionally, he admitted to severing the deceased’s head, carrying it away with him, and flaying the skin from the head before throwing the skull into the rainforest in Kampung Opar, Bau.
