PUTRAJAYA, Feb 15 — A 16-year-old teenager will remain in detention at the pleasure of the Sultan of Johor for the murder of a neighbour almost three years ago.
Justice Datuk Wira Mohtarudin Baki leading a three-member Court of Appeal panel today held that the teenager’s appeal against the punishment meted out to him by the High Court on April 6, 2016 had no merit.
The panel which also comprised Datuk Harmindar Singh Dhaliwal and Datuk Abdul Karim Abdul Jalil made the ruling after hearing submissions from counsel Bernard George and deputy public prosecutor Nurshafni Mustafha.
The teenager appeared calm after the court read out the decision.
He was sentenced to be detained at the pleasure of the Sultan of Johor under Section 97(2) of the Child Act 2001 after being found guilty of killing Jariah Abu Bakar, 62, in a burglary at her home in Felda Lok Heng Barat, Kota Tinggi.
He committed the offence on July 20, 2014.
Earlier, Bernard submitted that the murder was unpremeditated, and that all the teenager who was aged 14 years at the time, intended to do, was burgle the victim’s house.
No one witnessed the teen hitting the victim with a piece of wood and he did not bring the wood with him but found it outside the victim’s house, said counsel.
Nurshafni submitted that the victim suffered head injuries after being battered with a piece of wood which led to her death, while the post mortem confirmed that her death was due to blows from a blunt object.
She said witnesses testified that the appellant had gone to the house with two accomplices to commit burglary but only the appellant entered the house while the accomplices fled after hearing the victim scream.
According to the prosecution’s facts, the victim’s daughter had returned to the house on the night of the incident to celebrate Hari Raya with her mother but failed to receive any response after calling at the door repeatedly.
She then sought the help of a next-door neighbour to forcefully open the front door where she saw her mother lying face down in the living room with blood on her head.
There was blood on the door of a room and on the floor as well as on bits of wood near the victim.
The victim’s daughter also lodged a police report on two missing mobile phones belonging to her mother and a necklace the latter had been wearing. – Bernama