Appeals Court Affirms 30-Year Prison Term For Man Who Cemented Step-Brother’s Body In Drum

PUTRAJAYA, Oct 15 – The Court of Appeal today upheld a 30-year prison sentence and 12 strokes of the cane imposed on a former trader for the murder of his step-brother, whose body was concealed in a cement-filled drum.

A three-judge panel comprising Justices Datuk Noorin Badaruddin, Datuk Meor Hashimi Abdul Hamid, and Datuk Seri Latifah Mohd Tahar unanimously dismissed the appeal filed by 31-year-old Mohamad Zamhuri Azami against his conviction and sentence.

The panel simultaneously dismissed a cross-appeal by the prosecution seeking the death penalty.

Delivering the ruling, Justice Noorin stated that the custodial sentence handed down by the High Court was appropriate and did not warrant appellate intervention.

“We also find no sufficient grounds to replace the sentence with the death penalty or a 40-year prison term, as requested by the prosecution,” Justice Noorin held.

The bench ruled that the possibility of an argument between the appellant and the deceased did not establish that the fatal act was justified under private defense. Furthermore, the bench determined that the prosecution had successfully established intent, leaving no basis to reduce the conviction to culpable homicide not amounting to murder under Section 304(a) of the Penal Code.

On May 13 last year, the Alor Setar High Court convicted Mohamad Zamhuri of murdering 34-year-old Mohd Hasnul Nizar Khairul Anuar and sentenced him to 30 years’ imprisonment alongside 12 strokes of the cane.

The murder took place at their family home in Kampung Padang Hassan, Bukit Pinang, Alor Setar, Kedah, at 7:15 PM on March 6, 2020.

Crime Scene Details, Self-Defense Arguments, and Medical Evidence

Case details and courtroom submissions included:

• Discovery of the Body: Following his arrest, the appellant led police officers to the location where the victim’s body was encased inside a blue plastic drum filled with cement outside the residence. Police also recovered a meat-cleaving knife used in the assault.
• Defense Arguments: Defense counsel Ai Cha Ran argued that the appellant lacked intent to kill, contending that the deceased initiated an attack during an argument and that his client acted in self-defense. The defense sought to substitute the conviction with culpable homicide not amounting to murder under Section 304(a) of the Penal Code.
• Pathology Evidence: Deputy Public Prosecutor Nur Aqilah Syaza Ariffin countered that medical evidence presented by the forensic pathologist—specifically a deep incised wound across the victim’s neck—contradicted claims of a mutual struggle or self-defense.

The appellate court affirmed both the murder conviction under Section 302 of the Penal Code and the 30-year custodial sentence.

–NMT