A three-member bench chaired by Justice Harmindar Singh Dhaliwal said the imposition of capital punishment on Koong Swee Kwan was appropriate as he had fired seven close-range shots in broad daylight.
“It was an execution-style killing and it was a premeditated crime,” said Harmindar, adding that the incident had shocked the conscience of the society.
He said the death penalty remains on the statute books and, although a court of law must show mercy and compassion, this was not an exceptional case to justify the exercise of judicial discretion to set it aside.
Also on the panel hearing the application were Justices Rhodzariah Bujang and Hanipah Farikullah.
Koong, 55, had sought a review of his death sentence under the Revision of the Sentence of Death and Imprisonment for Natural Life (Temporary Jurisdiction of the Federal Court) Act 2023.
The Act allows an apex court review panel to substitute the death sentence with a jail term of between 30 and 40 years for murder cases. Males below 50 may also be subjected to a minimum 12 strokes of the rotan.
Koong can still seek a pardon from the Yang di-Pertuan Agong since the offence took place in the federal territory of Kuala Lumpur.
He was convicted of gunning Najadi down at the parking lot of the Kuan Yin Temple near Lorong Ceylon in Kuala Lumpur between 1.30pm and 2pm on July 29, 2013.
Three years ago, the Federal Court dismissed his final appeal, saying the trial judge had given due consideration to his defence.
The bench, then led by Justice Rohana Yusof, said there was overwhelming evidence to establish the commission of the crime, while Koong’s defence was merely a bare denial, an afterthought and a concoction.
The panel, which included Justices Abdul Rahman Sebli and Hasnah Hashim, also affirmed Koong’s 18-year jail term for the attempted murder of Najadi’s wife, Cheong Mei Kuen.
Earlier today, lawyer Hisyam Teh said this was not the worst of cases, and that Koong was remorseful.
“He has no previous convictions and did not benefit from the crime,” he said.
Deputy public prosecutor Yusaini Amer Abdul Karim said it was a cold-blooded murder despite Koong being a stranger to Najadi and his wife.
“He was a hired killer though there was no evidence adduced as to the motive for the shootings. Koong fled the scene in a waiting taxi,” he said, when urging the bench to maintain the death penalty.