Muadz Idham Ibrahim and Mohammad Hafiz Sairullah Mahadi were sentenced to five years’ jail each after a three-member Court of Appeal bench invoked Section 50 of the Court of Judicature Act to vary the decision of a lower court.

Lawyer Tabian Tahir, who represented Muadz, told FMT his client and Hafiz will be freed today as their sentence began on Sept 21, 2017.

“They have served the jail term, taking into account the one-third remission given to inmates for good behaviour,” he said.

Last July, the High Court in Kota Bharu affirmed a 10-year jail term and four strokes of the rotan imposed by the Pasir Mas sessions court on Muadz, 29, Hafiz, 21, and Muhammad Firdaus Zahari.

Firdaus, 23, did not appeal the conviction and sentence.

Today, the bench chaired by Hanipah Farikullah amended the charge as the prosecution failed to prove the ingredients of the original charge. The other judges were Ahmad Nasfy Yasin and Che Mohd Ruzima Ghazali.

Muadz and Hafiz were said to have been involved in a gang robbery using deadly weapons – crash helmet and belt – to rob Muhammad Khairuddin Azahari of two mobile phones, a RM12,000 wristwatch, two debit cards, RM70 in cash and a silver bracelet.

The incident happened near a padi field in Kampung Kok Pasir Palekbang in Tumpat, at about 5.30am on Sept 4, 2017.

Muadz, in his defence, contended during the trial that the evidence adduced by the prosecution did not in any way establish a “gang-robbery armed with deadly weapons” case.

He conceded that the incident was more like a quarrel between “brothers” in the same organisation, which was sparked by jealousy over a girl identified as Ira.