A three-member panel, led by Chief Judge of Sabah and Sarawak Abdul Rahman Sebli, dismissed Shahrul Pitri Jusoh’s appeal against his conviction and death penalty.
In delivering the court’s decision, Rahman said the High Court did not err in finding Shahrul guilty, and the Court of Appeal’s decision to uphold the sentence was appropriate given the severity of the crime.
At the time the Court of Appeal decided on Shahrul’s appeal, the amendment to the law abolishing the mandatory death penalty was already in effect, allowing judges discretion in sentencing.
“There are no valid mitigating circumstances to justify an imprisonment sentence instead of the death penalty,” said Rahman, who was joined by Justices Zabariah Yusof and Abdul Karim Abdul Jalil.
Rahman emphasised the importance of balancing sympathy for the offender with the pain and suffering inflicted on the victims, as well as the harm caused to society by Shahrul’s actions.
He said the general principle is for the appellate court to be slow in interfering with sentences imposed by the lower court unless the sentence was illegal, manifestly inadequate or excessive.
Shahrul, 41, was found guilty and sentenced to death by the Ipoh High Court on Aug 6, 2020, for the murders of Faqih Zahirulhaq Fadzil, 5; Firash Zafrill, 3; and Nur Zia Fasihah, 2.
The crimes took place at a house in Kampung Sungai Haji Muhammad, Selekoh, Teluk Intan, Perak, between 2.30pm and 2.40pm on May 17, 2018.
On Sept 14 last year, the Court of Appeal dismissed Shahrul’s appeal and upheld the death penalty.
During today’s proceedings, Shahrul’s lawyer R Mahendren Naidu, argued that his client was not in the right state of mind during the incident, claiming that Shahrul had taken drugs.
He said Shahrul was angry with the children’s father, whom he accused of cheating him out of his wages.
However, deputy public prosecutor Norzilati Izhani Zainal @ Zainol countered the argument by saying that consultant forensic psychiatrist Dr Ian Lloyd Anthony had testified in court and confirmed that Shahrul was sane at the time of the murders.