A three-member Court of Appeal bench chaired by Justice Hanipah Farikullah said there was no merit in Azami Mohamad’s appeal.

The bench, which included Justices Ahmad Nasfy Yasin and Nordin Hassan, also dismissed Azami’s appeal on a charge of attempted murder.

“On the totality of the evidence, the trial judge did not err in law and facts to warrant appellate court intervention,” said Hanipah.

Three years ago, the High Court in Kuala Terengganu found Azami guilty of murdering Rohadi Zakaria at the Kampung Jelapang highway in Sungai Tong, Setiu, at 6pm on Oct 2, 2014.

The 48-year-old widower with three children was also found guilty of attempting to murder Zakaria Taib by mowing him down with a car.

He was also found guilty of making a false report at the Permaisuri police station following the incident.

In his report, Azami claimed he was stopped by two men brandishing knives and had rammed into them while trying to escape.

In addition to the death sentence for murder, the court sentenced him to 10 years’ jail for attempted murder, and six months’ jail for making a false report, but ordered the sentences to run concurrently from the date of arrest on Oct 2, 2014.

However, the bench allowed Azami’s appeal to set aside the conviction for making a false report.

“There is merit in the appeal as the prosecution failed to prove all the elements of the charge,” Hanipah said.

Initial media reports said a man was killed and his friend seriously injured when they were mowed down by someone they knew over a misunderstanding stemming from a cattle sale.

The facts of the case revealed that the victims had quarrelled with Azami at a coffee shop.

They were chased and mowed down by Azami on their way home.

The impact caused the two to fall onto the middle of the road. Azami then made a U-turn and mowed them down again before fleeing.

Deputy public prosecutors Parvin Hameedah Natchiar and Nurul Farhana Khalid prosecuted while Kamaruzaman Wahab represented Azami.