PUTRAJAYA: A married couple escaped the gallows after the Court of Appeal today commuted their death sentence to a maximum jail sentence of 40 years for murdering their daughter.
A three-member bench comprising Justices Datuk Hadhariah Syed Ismail, Datuk Ahmad Zaidi Ibrahim and Datuk S. M. Komathy Suppiah upheld the conviction against Anuar Yusof and his wife Murni Ahmad for the offence and ruled that their appeals did not have merits.
Justice Hadhariah, who delivered the court’s unanimous decision, said the court found there was overwhelming evidence that the 22-year-old Siti Hajar died due to the acts by the couple, who are her father and stepmother, by neglecting, abusing and starving her for a period of three to six months.
She, however, set aside the death sentence imposed on the couple by the High Court and substituted it with an imprisonment of 40 years and ordered them to begin their jail sentence from the date of their arrest on April 26, 2016.
“This is a very sad case and the worst case under Section 302 of the Penal Code that we have read,” said Justice Hadhariah.
Following an amendment made to Section 302 of the Penal Code, the court can impose a jail term of not less than 30 years and not exceeding 40 years on offenders if not given the death sentence. Male offenders shall also be punished with whipping of not less than 12 strokes.
Anuar, 57, and Murni, 42, were found guilty by the High Court in 2021 for murdering Siti Hajar in a house at Jalan Air Putih, Taman Semarak, Binjai in Chukai at 10.45 pm on April 26, 2016. They were sentenced to death, prompting them to appeal to the Court of Appeal.
Apart from the couple, two of their children, Siti Sarah Anuar and her brother (who was 14 years old at the time of the incident) were also charged with murdering Siti Hajar, but they were acquitted and discharged by the High Court.
The prosecution filed an appeal but it was struck out on Jan 10 last year as they could not serve the notice of appeal to them.
Siti Hajar weighed around 18 kg when she died. The deceased was staying with her biological father and r step-mother, an older sister and a younger brother in a rented house since 2008.
The facts of the case revealed that Siti Hajar was extremely emaciated with no flesh and only skin and bones. She had wounds on the head and bruises on her body including her anus.
A forensic expert who examined the body confirmed that Siti Hajar died due to bacterial infection in the lungs and anus caused by abuse, starvation and neglect. She also had 36 human bite marks on her back, both hands and feet and on her genital area.
A witness testified in the trial that whenever Siti Hajar’s siblings wanted to eat, they were required to beat her up first and only after that will their mother allow them to eat.
Lawyer Ghazali Ismail represented the couple while deputy public prosecutor Norzilati Izhani Zainal appeared for the prosecution. – BERNAMA
