Mohd Affandi Fauzi Ramlee, 39, began his jail term today as he had been acquitted of murder without his defence being called by the High Court in Alor Setar in 2019.
The prosecution appealed against the acquittal while Affandi’s lawyers wrote to the Attorney-General’s Chambers that their client was prepared to plead guilty to a lesser charge.
Deputy public prosecutor Samihah Rhazali told a three-member Court of Appeal bench chaired by Kamaludin Md Said that the prosecution was offering to charge Affandi under Section 31 (1) of the Child Act for ill-treating the child.
That provision carries a jail term of up to 10 years or a maximum RM20,000 fine or both upon conviction.
Kamaludin said the court imposed a jail term after balancing public interest and the fact that Affandi pleaded guilty at the first instance upon the offer of the alternative charge.
“We can imagine the pain suffered by the child because of your heinous act,” said Kamaludin, who sat with Abu Bakar Jais and Hashim Hamzah.
Affandi committed the offence at a flat in Paya Nahu in Sungai Petani, Kedah, between Oct 24 and Nov 24, 2016.
The murder charge in December 2016 could not be proven as the child’s body was highly decomposed and the pathologist could not determine the cause of death.
Samihah pressed for a maximum jail term, saying the facts revealed that the accused had tortured the victim for three days.
“Public interest should be reflected in the sentence,” she said.
Kee Wei Lon, who represented the accused, requested for a “discount” in the sentence, arguing that the accused had come voluntarily to court today to face the alternative charge.
“This speaks volumes of his willingness to take responsibility for the crime he committed.
“It is not easy for a person to have left prison (as a remand prisoner) and come to court just to be sent in again,” said Kee, who was assisted by Low Wei Loke.
The facts of the case revealed that the victim’s mother and another of her children moved in with the accused to live in the apartment.
Affandi is said to have placed the body in a chiller box and kept it in his room before the police discovered the body.