Ex-soldier guilty of killing daughter gets death sentence

SEREMBAN - The High Court here on Tuesday, sentenced an ex-soldier to death after he was found guilty of killing his daughter, about five years ago.

Judge Rohani Ismail handed down the sentence on Mohammad Abdullah Mohamed, 41, after the defence failed to raise reasonable doubt at the end of the defence case.

Rohani in the judgment said that the accused was found guilty and convicted under Section 302 of the Penal Code which could be sentenced to death or imprisonment not less than 30 to 50 years and a minimum of 12 strokes of whipping.

She said after the court heard and considered the arguments of the accused's defence counsel and the prosecution, the court hereby sentenced the accused to death.

"...Where you are ordered to be hanged to death will be determined later. What (the defense) has highlighted is mere denial and assumption," she said.

Based on the charges, the accused committed murder by causing the death of Nur Aina Nabihah Mohammad Abdullah who was nine years old at the time on 31 January 2018 at approximately 11.30pm at her home in Jalan Vista Jaya 5, Taman Vista Jaya, Lukut, Port Dickson.

The prosecution was carried out in accordance with Section 302 of the Penal Code and read together with Section 34 of the same code which provides for the mandatory death penalty, if convicted.

The case was handled by Deputy Public Prosecutors Sharifah Maleeha Syed Hussin and Ala'uddin Baharom, while the accused was represented by two lawyers from a law firm.

Before that, the accused's lawyer in his appeal said, before his arrest, his client served in the Malaysian Armed Forces (ATM) for 17 years and one month and was very apologetic, therefore asking for a minimum prison sentence starting from the date of his arrest on 31 January 2018.

However, Deputy Public Prosecutor Sharifah Maleeha in her argument asked the court to take into account that the victim who died was the accused's biological daughter, the cause of death was due to an abdominal injury.

"In this case, there are 32 external injuries and various internal injuries on the deceased, the accused has acted cruelly trampling and kicking the deceased to death, this act without mercy of a person known to his own child.

"The prosecution is asking for a severe punishment, the most appropriate punishment is the death penalty," he said.