PUTRAJAYA, Nov 6 — A welder escaped the gallows today after the Court of Appeal commuted the death sentence imposed on him by the High Court to 35 years in jail for killing a housewife.
The three-member bench comprising Justices Datuk Hadhariah Syed Ismail, Datuk See Mee Chun and Datuk Azmi Ariffin dismissed Lin Siek Hong’s appeal against his conviction.
Justice Hadhariah set aside the death sentence and said that the court is exercising its discretion to substitute the death sentence with 35 years in jail.
In the court’s decision, Justice Hadhariah said this was not a case of provocation, adding that Yap Choon Mooi was stabbed in her heart which showed that Lin had intention to kill.
She also said that there was no suppression of evidence by the prosecution.
Lin was spared the whipping as he was 54 years old.
Lin was found guilty by the High Court on February 17, last year, for killing Yap, 41, at Lorong Tengah in Kampung Terentang, Rawang, Selangor at about 6.45am on December 11, 2018.
His lawyer Lee Teong Hooi had earlier argued that his client was provoked by the deceased and that his client did not have the intention to kill her. He also said the prosecution had also failed to call a Chinese woman who saw the incident, to testify in the trial.
Deputy public prosecutor Parvin Hameedah Natchiar argued that there was no withholding of information by the prosecution as the deceased’s husband did not know the Chinese woman who had informed him that his wife had been stabbed.
Meanwhile, in another case, the same Court of Appeal panel ordered a painter, who was acquitted and discharged of killing his 38-year-old sister on the grounds of insanity, to enter his defence to the charge.
In delivering the court’s decision, Justice Hadhariah set aside the High Court’s decision in acquitting and discharging Lim Poo Teck on grounds of insanity at the end of the prosecution’s case.
She said the High Court judge erred in making the order to acquit and discharge Lim when he had said he was satisfied that all elements under Section 302 of the Penal Code had been proved by the prosecution.
“The defence of insanity has to be established at the defence stage,” she said in allowing the prosecution’s appeal.
Justice Hadhariah remitted the case back before the same High Court judge for Lim to enter his defence.
On December 21 2021, High Court judge Datuk Azhar Abdul Hamid acquitted and discharged Lim for the offence at the end of the prosecution’s case. He also ordered Lim to be committed at Hospital Bahagia in Ulu Kinta, Perak, under Section 348 Criminal Procedure Code.
Lim was accused of murdering Poh Ling at a house in Jinjang Utara in Sentul, Kuala Lumpur, between 6.30pm and 7pm on February 21, 2020.
In today’s proceeding, deputy public prosecutor Eyu Ghim Siang argued that the High Court erred when he decided not to call Lim to enter his defence as he said the psychiatrist Dr Saramah Isa from Hospital Bahagia had testified that Lim was fit to stand trial.
He also said the doctor had testified that Lim had undergone treatment for schizophrenia and that his schizophrenia was in remission, which means there was improvement in his mental health.
Court-assigned lawyer G.C. Tan submitted that the High Court judge found Lim did not have control over his mental faculty when the alleged offence was committed. — Bernama
