MALAYSIA: ODD-JOB WORKER SENTENCED TO DEATH FOR MURDER OF FRIEND

February 27, 2023:

An odd-job worker, who was charged with the murder of his friend after he was found living with the corpse for a week, was sentenced to death on 21 February 2023 by the Ipoh High Court.
Judge Datuk Abdul Wahab Mohamed handed down the verdict to Mohd Azhud Ibrahim, 33 after finding the defence had failed to raise a reasonable doubt.
In his judgment, Wahab said that the accused, who opted to testify from the dock without taking an oath, had claimed that he had no intention of murdering his friend after both were involved in a fight.
"The accused has failed the test of reasonableness of his story and his defence is only in the form of a bare denial and afterthought. The accused in his testimony stated that he had no intention of killing the deceased. In fact, he stated that after the fight, he went out to buy food and drinks for the deceased.
"However, according to the testimony of the pathologist, the result of the post-mortem performed on the deceased found that there was undigested food in his stomach.
"There were also bruises on the right cheek that extended to the jaw and a wound from a cut that had penetrated to the gums. How could the deceased eat in such a condition," he said.
As such, Wahab said that the fight between the accused and his friend took place before the deceased ate was purely a bare denial, and there was no supporting evidence to show where the accused had bought the food and drinks at the time.
"The accused also said that he hit his friend to protect himself. However, the authorities found a hole on the ground that had been dug. The question is, why do you dig a hole if you don't have the intention to kill him?" he said.
The accused appeared calm after the judge announced his decision. His brother, who was in the public gallery, could be seen shedding tears.
According to the charge sheet, the accused was charged with murdering Ahmad Azam Ahmad by assaulting him with a bamboo pole and a sugarcane stalk and stepping on him to death.
He was accused of having committed the offence at a house at No. 2A Lorong Mohd Ali Kampung Bahagia, Teluk Intan between 12.10am and 8am on 10 August 2018. The charge under Section 302 of the Penal Code provides for the mandatory death sentence upon conviction.
Deputy public prosecutor Mohd Fitri Sadarudin prosecuted while the accused was represented by lawyer Gurbachan Singh.
A total of 20 prosecution witnesses and two defence witnesses, as well as the accused himself, testified in the trial.