A three-member bench chaired by Justice Ahmad Zaidi Ibrahim ruled that Abdul Malik Rosli’s case did not fall under the “rarest of rare” category to warrant sending him to the gallows.

Malik, now 27, was also ordered to be whipped 12 times for the crime he committed seven years ago.

Zaidi said circumstantial evidence pointed to Malik having murdered Mahussin Abdul Rahim, 28.

“We are unanimous that there is no merit in the appeal as the trial judge made the correct finding,” said Zaidi, who sat with Justices Azman Abdullah and Noorin Badaruddin.

Following amendments to the law in 2023, judges now have the option to impose the death penalty or a jail term of between 30 and 40 years for murder.

Males below 50 will be whipped at least 12 times.

Three years ago, Justice Azizul Azmi Adnan, now a Court of Appeal judge, sentenced Malik to death, as the punishment was mandatory at the time once an accused was found guilty of murder.

Earlier today, lawyer S Kartigesan informed the bench that he had instructions from his client to request the court to uphold the death penalty should the appeal against his conviction be refused.

Outside the court, the lawyer told FMT his client has one more level of appeal in the Federal Court.

Malik committed the offence on the fourth floor of the Lukut health department quarters in Port Dickson at about 1.40am on Jan 19, 2018.

Mahussin’s body was found by a friend 72 hours after he was reported missing when he failed to turn up for work.

Deputy public prosecutor Siti Rafidah Zainuddin appeared for the prosecution.