PUTRAJAYA, Oct 7 — A former sawmill worker who raped a nurse after slashing the woman on the neck will be hanged for her death, having failed in his last attempt to set aside the death sentence, after the Federal Court here today dismissed his appeal.
A three-member panel of the Federal Court, led by the Court of Appeal president Tan Sri Rohana Yusuf, unanimously dismissed 27-year-old Mohammad Awari Ahmad’s appeal against the death sentence meted out by the Kota Bharu High Court after finding him guilty of murdering the wife of an auxiliary policeman.
Sitting with Rohana were judges Datuk Vernon Ong Lam Kiat and Datuk Sri Hasnah Mohammed Hashim.
Earlier, deputy public prosecutor Datuk Nazran Mohd Sham requested the court to dismiss the appeal and maintain the death sentence meted on Mohammad Awari for his heinous act, which was watched by the victim’s five-year-old son.
“The act by the appellant were brutal, aggressive and vicious. After slashing her neck, the appellant raped her, while she was bleeding from the wound.
“The victim sustained 11 injuries on the neck and hands. In this case, the appellant used a machete to slash the right and left side of the victim’s neck. This clearly showed that the appellant had intention to kill,” he said.
After slashing and raping the victim, Nazran said Mohammad Awari, who had stolen RM200 and a mobile phone belonging to the victim, then aged 25, went to “celebrate” by drinking seven bottles of liquor at a restaurant.
According to evidence in the case, the victim’s husband returned home from work at 2am on March 1, 2015 and saw his wife, who was naked, covered with a blanket on the road in front of their house and then rushed to his father’s house nearby to seek help.
He then found his three children, then aged six months, three years and five years, on a blood-soaked mattress in the house.
The woman was sent to Gua Musang Hospital and died at 6.40am the same day, and before her death, she was able to write a note stating the identity of the person who raped, slashed and robbed her.
Mohammad Awari, in his defence, said the victim awoke and was shocked to find him in the room after breaking into the house to steal.
Earlier, his lawyer, Ahmad Nizam Mohamed, said his client had no intention to kill and that he should be punished for culpable homicide not amounting to murder.
Rohana, when handing down the decision, said after studying the record of appeal and grounds of judgment by the High Court judge and affirmed by the Court of Appeal, the court is satisfied that there was no error made by both courts.
She said the High Court judge had studied the evidence of the case and decided on the element of intent that was established by the prosecution.
She also said the supporting evidence, such as by eyewitness, showed that the evidence in the appeal record on the accused’s action was very strong.
“We find there is no reason that can make us to change the decision of the two courts. With this, we find the conviction of the appellant is safe. On these grounds, we dismiss the appeal by the appellant and affirm the conviction and sentence,” she added.
Mohammad Awari, who looked calm after the decision was handed down, was also convicted by the High Court of raping the woman and sentenced to 18 years jail and 12 strokes of the cane.
However, today’s proceeding was on the appeal for the death sentence.
He was charged with murdering and raping the woman between 12.20am and 2am in a house in Kampung Batu Papan, Gua Musang, Kelantan, on March 1, 2015. — Bernama
