
A three-member bench chaired by Justice Hanipah Farikullah found there was no merit in the appeal brought by Zahirudin Nordin, Hood Mad Hasib, both 33, and Faidhi Zaini, 32.
“We are of the opinion that there are no material contradictions between two prosecution witnesses that could damage the prosecution’s case,” Hanipah said when delivering the unanimous verdict of the court.
She said the panel also found there was sufficient evidence tendered by the prosecution showing that the three had a common intention to commit the crime.
“We are also of the view that the defence failed to create a doubt in the prosecution’s case.
“The conviction is safe and the sentence is maintained,” said Hanipah, who sat with Justices Ahmad Nasfy Yasin and Nordin Hassan.
The bench then issued warrants of committal to send the trio to prison as they were on bail pending the disposal of the appeal.
All three were convicted of committing culpable homicide not amounting to the murder of Asrup Raidin, 28, then a freshie, by causing him to drown in a lagoon near the navy station at Pulau Terumbu Ubi in the South China Sea at 7.36pm on Dec 3, 2013.
They were sentenced to the maximum punishment of 30 years in jail by the Kota Kinabalu sessions court in September 2016.
The conviction was affirmed by the High Court in January 2018. However, the trio had their sentences reduced to jail terms of 25 years each.