KUALA LUMPUR, Aug 21 — The Federal Court today upheld the death penalty of a former tow truck driver convicted of murdering AmBank founder Hussain Ahmad Najadi 11 years ago.

This followed a decision by a three-judge panel of the Federal Court in dismissing Koong Swee Kwan’s request for a review of his death sentence under the Revision of Sentence of Death and Imprisonment for Natural Life (Temporary Jurisdiction of the Federal Court) Act 2023.

The panel comprised Justices Datuk Harmindar Singh Dhaliwal, Datuk Rhodzariah Bujang and Datuk Hanipah Farikullah.

In delivering the court’s decision, Justice Harmindar said the court of law must have regard to compassion and mercy when considering whether a death sentence should be commuted, and that the death penalty applies only in exceptional cases.

However, in Koong’s case, which he said was an exceptional case with exceptional facts, the murder was carried out execution-style where the deceased suffered seven gunshot wounds to the chest.

He said the killing was also carried out in broad daylight, with the shots fired at close range.

"This is clearly a premeditated act to ensure the deceased did not survive. The murder shocked the conscience of the society that ordinary people feared for their safety,” he said.

Koong, 55, was sentenced to death by the High Court on October 27, 2017, for killing Najadi, 75, after a retrial of his case.

He was convicted of gunning down Najadi, 75, in the parking lot of the Kuan Yin Temple in Lorong Ceylon between 1.30pm and 2pm on July 29, 2013.

His appeals were dismissed by the Court of Appeal and Federal Court on October 16, 2019, and March 1, 2021, respectively.

Koong, known as Sei Ngan Chai, was also convicted and sentenced to 18 years in prison for attempting to murder Najadi’s wife Cheong Mei Kuen.

Earlier, Koong’s lawyer Datuk Hisyam Teh Poh Teik, urged the court to review the death sentence imposed on his client and consider a commutation to a term of between 35 years and 38 years.

He said Koong had shown remorse and had sought forgiveness from the deceased and his wife.

He pleaded with the court to tilt the scale of justice in favour of rehabilitation and compassion.

"The public interest would be well served if the applicant (Koong) were to be incarcerated over a long period of time, providing him with the opportunity to rehabilitate in prison. He will pose no danger to society,” said the lawyer.

In response, deputy public prosecutor Datuk Yusaini Amer Abdul said Koong’s case had shocked the nation.

He said a prosecution witness testified that the murder was carried out in a hitman-style execution, where Koong followed the deceased and shot him in the chest.

There was no evidence regarding the motive behind the murder, he said, adding Koong had however planned the attack with intent to ensure the deceased was killed.

Koong was initially tried and convicted by the High Court in September 2014 and was sentenced to death for murdering Hussain and jailed for 18 years for attempting to murder Cheong.

However, on December 14, 2016, the Federal Court’s five-man bench, chaired by then Chief Judge of Malaya Tan Sri Zulkefli Ahmad Makinudin (now retired), overturned Koong’s conviction and ordered a retrial.

The court ruled the initial trial had been prejudicial to Koong.

The retrial was subsequently heard before another High Court judge, then High Court judge Datuk Indera Ab Karim Ab Rahman (now retired) who convicted him and sentenced him to death. — Bernama