MALAYSIA: APPEALS COURT COMMUTES DEATH SENTENCE FOR 2 TURTLE EGG COLLECTORS

May 8, 2024:

The Court of Appeal in Putrajaya on May 7, 2024 commuted the death sentence imposed on two turtle egg collectors to 12 years imprisonment for causing the death of their colleague who was trying to break up a fight eight years ago.
A panel of three judges – led by Justice Hadhariah Syed Ismail, and joined by Justices Ahmad Zaidi Ibrahim and Zaini Mazlan – meted out the sentence on Faizol Aznan Muhamad, 43, and Riduan Ismail, 35, after the court unanimously replaced their murder conviction with that of causing death by negligence under Section 304 (a) of the Penal Code.
“Their sentence is set aside, and replaced with a 12-year prison sentence, starting from the date of arrest,” Hadhariah said.
Faizol and Riduan were arrested in 2016 and 2017 respectively, Bernama reported.
Earlier, lawyer Ghazali Ismail, representing Faizol and Riduan, informed the court that the defence had submitted a representation to the Attorney-General’s Chambers (AGC) to amend the charges.
“The 12-year prison sentence, starting from the date of arrest, was also agreed upon by both parties,” he said, and the matter was also confirmed by deputy public prosecutor, Amril Johari.
Faizol and Riduan later pleaded guilty to the new charge.
The two men were accused of causing the death of Razak Abdullah, 50, who was also a turtle egg collector, at Pantai Geliga, in front of SK Sri Geliga Chukai, Kemaman, at about 7am on June 3, 2016.
Based on the facts of the case, Faizol had an argument with a man, who was also a turtle egg collector, regarding the division of the turtle-laying area on the beach.
Razak tried to diffuse the argument, but an angered Faizol turned on him instead, repeatedly hitting him in the face with a stick. Riduan also hit Razak in the face with a helmet.
On Aug 9, 2021, the Kuala Terengganu High Court sentenced Faizol and Riduan to death, after finding that the defence had failed to raise reasonable doubt as to their guilt.