A three-member bench, chaired by Justice Abang Iskandar Abang Hashim, said Sam Chai Ewon, 44, had used his hands and legs to assault lifeguard Kamal Long, who died due to bleeding in the brain.
Abang Iskandar said the bench maintained the sentence as imposed by the Court of Appeal as it was the prerogative of the court based on the facts of the case.
“The prosecution had proved that the act caused bodily injury which resulted in death,” said Abang Iskandar in dismissing Sam’s appeal against his conviction and sentence.
“The conviction is safe and the sentence imposed is commensurate with the offence committed.”
Sam’s jail term is to begin on Oct 4, 2017 and he is also to be given 12 strokes of the rotan.
Abang Iskandar, who sat with Justices Nordin Hassan and Hanipah Farikullah, said the other causes of death, as contended by the defence counsel, were too remote and highly improbable.
Lawyer Ridzuan Muhamad had submitted that Kamal could have died 22 days after the incident due to an overdose of drugs found in the victim’s blood.
Sam committed the offence at the corridor of the Awana Sri Layang workers’ quarters in Genting Highlands in Bentong, Pahang, at 10.30pm on Oct 4, 2017.
In his submission, Ridzuan also urged the bench to consider reducing the charge to culpable homicide not amounting to murder, which carries a maximum of 30 years jail.
Deputy public prosecutor Afzainizam Abdul Aziz urged the bench to uphold the conviction and sentence as decided by the Court of Appeal two years ago after the bench ruled the trial judge did not err in facts and law.
A bellman at the resort testified in the trial that he saw Sam kick Kamal’s face and ribs. He also said Sam stepped on Kamal’s chest and face, causing him to hit his head on the wall.
In his defence, Sam said Kamal, who was his roommate, had occasionally stolen his belongings.
Sam said he had a good relationship with Kamal. On the night of the incident, he said both of them were intoxicated after drinking alcohol in their room.
Sam realised his handphone was missing after returning from the toilet and alleged that the deceased had taken it.
Sam said he got angry and asked Kamal where the handphone was. When Kamal replied that he didn’t know, Sam hit him.
Ridzuan told reporters he would advise Sam’s family members to file a petition for pardon to the Pahang sultan.