A three-member bench chaired by Vernon Ong Lam Kiat, in dismissing Kamaruzaman Mohamed Shah’s appeal, said the conviction and sentence imposed by the High Court were safe.

“We find there is overwhelming evidence presented by the prosecution to implicate the appellant (Kamaruzaman) to the offence,” said Ong, who sat with Abdul Rahman Sebli and Zabariah Mohd Yusof.

In 2017, the High Court in Melaka sentenced Kamaruzaman and two others to life imprisonment (meaning 30 years in jail) and 10 strokes of the rotan for kidnapping Tan Tiang See.

The other two were shop assistant Sulaiman Abdul Kadir and factory worker Farezzuwan Mohd, who did not appeal to the apex court.

The trio, with two others still at large, were jointly charged with kidnapping Tan for a RM500,000 ransom, to be paid by the victim’s brother.

Tan was kidnapped at a godown in Cheng Industrial Estate in Melaka and held in a house at Taman Merdeka, Batu Berendam, on Feb 14, 2011.

The charge was made under Section 3(1) of the Kidnapping Act 1961, read together with Section 34 of the same law, which provides the death sentence, or imprisonment for life, and whipping.

Trial judge Zulkifli Abu Bakar said he did not choose to apply the death sentence as the accused did not receive the ransom money and had taken into consideration that no serious injury or harm had befallen the victim.

The Court of Appeal affirmed the conviction and sentence in 2019.

Deputy public prosecutor Hanim Mohd Rashid prosecuted and lawyer KA Ramu represented Kamaruzaman.

Soon after the verdict was delivered, Kamaruzaman pleaded with the judges that he serve the remaining time in jail in Kluang as his family were living in nearby Simpang Renggam.

“I have been in Kajang prison for the last eight years,” he said.

Ong said the court had no jurisdiction to determine where a convicted person should serve his jail term.