PUTRAJAYA, March 10 — A telecommunications contractor escaped the gallows today after the Federal Court here reduced his charge from murder to committing culpable homicide not amounting to murder on a coffeeshop and cybercafe operator and her employee by using explosives.

A five-man bench chaired by Chief Judge of Malaya Tan Sri Zulkefli Ahmad Makinuddin unanimously allowed Mohd Khayry Ismail’s appeal to set aside his conviction for murder and death sentence.

Justice Zulkefli who said the offence committed by Mohd Khayry was serious, had sentenced him to 25 years’ jail for each charge but ordered him to serve his jail term concurrently from the date of his arrest on September 24, 2010.

He ruled that the High Court judge committed a misdirection as she failed to address the differences between Section 299 (relating to culpable homicide not amounting to murder) and Section 300 (relating to murder) of the Penal Code.

Also on the panel were Chief Judge of Sabah and Sarawak Tan Sri Richard Malanjum and Federal Court judges Tan Sri Mohamed Apandi Ali, Datuk Seri Abu Samah Nordin and Datuk Ramly Ali.

Mohd Khayry, 50, was facing two charges of causing the death of Ng Siew Hong, 54 and Goh Yong Seng, 38, who was also the co-owner of the cafe, in front of Ng's apartment in Desa Tun Razak, in Cheras here between 8am and 8.30am on August 29, 2010.

According to the facts of the case, Mohd Khayry had prepared a box containing explosives made from firecrackers and petrol with two pomelos on top of it and placed it at Ng's residence.

Both Ng and Goh went to inspect the box, which exploded after Goh moved the pomelos. Ng suffered 90 per cent burns and died on the same day while Goh succumbed to his injuries two days later.

Evidence revealed that Mohd Khayry accrued debts of between RM20,000 to RM30,000 to Ng as result of his gambling habit at the Internet cafe which was situated on the ground floor of the apartment.

In his defence, Mohd Khayry denied committing the murder, but admitted to sending the box, which he claimed contained pickles and fruits.

On January 22, 2013, High Court judge Datuk Su Geok Yiam sentenced Mohd Khayry to death after finding him guilty on the murder charges. His appeal to the Court of Appeal was also dismissed on January 20, last year.

Mohd Khayry was represented by counsel Hisyam Teh Poh Teik while deputy public prosecutor Tengku Amir Zaki Abdul Rahman appeared for the prosecution. — Bernama