Kota Kinabalu: The final appeal by a 36-year-old man against his conviction and death sentence for murdering his three-year-old relative would be heard by the Federal Court on a date to be fixed later.
A three-member panel led by Chief Judge of Malaya Tan Sri Azahar Mohamed adjourned the appeal of Mohd Saifulrizan Sainan following an application for an adjournment by his counsel.
The other two judges on the panel were Federal Court judges Dato’ Abdul Rahman Sebli and Dato’ Sri Hasnah Dato’ Mohammed Hashim.
Saifulrizan was on June 9, 2017 sentenced to death by the High Court here after he was found guilty of committing the offence at 7am on Nov 21, 2014 in a stream at Kampung Jempangah in Beaufort. The charge under Section 302 of the Penal Code carries the death sentence on conviction.
Saifulrizan’s appeal at the Court of Appeal was dismissed on Nov 25, 2019.
On Tuesday, assigned counsel Faezah Abby Ibnu representing Saifulrizan in requesting an adjournment informed the court that she was just recently realised that there was an exhibit that was not in the record of appeal for Federal Court, which comprised 30 pictures of the deceased at the place where his body was found.
She Faezah also said that she made to understand that the exhibit was also not in the record of appeal in the Court of Appeal as well.
“This exhibit was quite material for the appellant to submit and referring to this exhibit in my current submission, said Faezah in applying for an adjournment as she did not have the exhibit in order for her to submit.
She added that she was assigned for the appellant in the Federal Court and that she was not the counsel for the appellant during the trial and appeal at the court of appeal. Together with Faezah was counsel Nurul Rafeeqa Afdul Mutolip.
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