PUTRAJAYA: Two former policemen who were convicted for the murder of an Indonesian man in 2011 escaped the noose after the Federal Court today commuted their death sentence to a maximum of 40 years' jail.
A three-judge panel led by Chief Justice Tun Tengku Maimun Tuan Mat, who sat with Justices Datuk Nordin Hassan and Datuk Vazeer Alam Mydin Meera, made the unanimous decision to set aside the death penalty.
They ordered wheelchair-bound Corporal Ailias Yahaya, 70, and Lance Corporal Saiful Azlan Shah Abdullah, 60, to serve the sentence from the date of their arrest on Jan 22, 2006.
Earlier, deputy public prosecutor Tetralina Ahmed Fauzi objected to the duo's application to have their death sentences replaced with imprisonment.
Ailias and Saiful Azlan, who were the applicants, were convicted of the murder of mechanic Yusrizal Yusuf by the Shah Alam High Court.
Tetralina described the crime committed by the duo as rare, as the deceased, from the time of his arrest to his death, was under their control.
The deceased, she said, was arrested by the duo at the Sungai Pelong police station in Kuala Selangor following a report made against him.
"Ailias had told two prosecution witnesses that they could beat and vent their anger on the deceased when he was detained at the station's meeting room.
"The two had beaten, punched and kicked the deceased until he bled and there were blood stains on the room's wall, carpet and notice board.
"The applicants and a prosecution witness had brought the deceased, who was handcuffed, to Ladang Caledonia in a car.
"Saiful Azlan borrowed a pistol from an accused who had been acquitted and discharged. He ordered the deceased to alight from the car and kneel.
"He shot the deceased in his head thrice from behind while Ailias stood at the front, according to a prosecution witness.
"The shots were fired at close range between six to 10 feet and the shots were fired from a pistol which is government property belonging to the police.
"The applicants, as policemen, had abused their power and took the law into their own hands with the execution-style murder.
"On these grounds, the prosecution as respondent, requests for the application to be dismissed and for the death sentence to be upheld, If not, a maximum jail term should be imposed," she said.
In reply, defence counsel Muhammad Fadhli Sutris said an imprisonment of 30 years was appropriate for the duo due to their age and poor health conditions.
He said Ailias and Saiful joined the force in 1976 and 1982 respectively. They had received certificates of appreciation as well as excellence service awards for their work.
He said it was not a rare case involving police, citing an example of former cop Mohamed Ya'cob Demyati who was convicted for the murder of singer Sabi'ul Malik Shafie, better known as Along Spoon.
"I humbly and respectfully ask the court to impose an imprisonment of 30 years on them.
"If they are given jail from 35 up to 40 years, I am not sure if they can survive, given their health condition," he said.
