Judge Nurulhuda Nur’aini Nor handed down the sentence on Myanmar national Sua Lay, 38, and Indian national Gurpreet Singh, 28, after they failed to raise reasonable doubt at the end of their defence.

They had been charged with the murder of Grab driver, Aiman Nosri, 27, who was found strangled at a carpark in a back alley in Selayang Baru, Batu Caves, in June 2018.

In her judgment, Nurulhuda said no defence had been put forth or raised in the murder of the driver. She said the argument by the two accused that they did not understand Bahasa Malaysia was also not acceptable as they were able to give the victim directions to stop prior to reaching their original destination.

In addition, she said, both men were able to lead the police to the discovery of the victim’s key to his Perodua Myvi.

“The victim was strangled and there were injuries on his neck. The DNA of both accused were also found on the driver’s seat belt.

“Although it cannot be said to be cruel, the fact remains that the victim was left in the car. This shows the accused had no compassion for the deceased. On this basis, I concur with the prosecution’s submission and sentence them to death by hanging,” she said.

In mitigation, counsel for the accused, Siti Anis Che Ab Wahab and Amirul Jamaluddin, requested that their clients be sentenced to 30 years imprisonment and 12 strokes of the cane, based on an amendment to the Penal Code, which allows for discretion in meting out either the death sentence or jail and caning.

Amirul said although there was a loss of life, there was no direct evidence presented in court that the accused killed the victim and the court rarely meted out the maximum sentence unless it involved a hardcore criminal.

However, deputy public prosecutor Heikal Ismail called for a deterrent sentence and for the court to take into account the public interest.

“Murder is a most serious offence. The accused committed a heinous crime. Therefore, a death sentence by hanging is considered a commensurate punishment for those who are convicted,” he said.