Appeals Court reinstates murder charge, homeless man sent to gallows

A three-man panel comprising Datuk Yaacob Md Sam, Datuk Hadhariah Syed Ismail and Datuk Nordin Hassan reinstated the murder charge against Mohd Khaidir Man, 30, after allowing the prosecution’s appeal to set aside a High Court’s decision in amending the charge to culpable homicide not amounting to murder.

Justice Yaacob, who chaired the panel, said the court agreed with the prosecution's submission that High Court judge Datuk Abdul Halim Aman had misdirected in law and facts when amending the charge.

He said the prosecution had succeeded in proving its case beyond reasonable doubt against Mohd Khaidir for murder under Section 302 of the Penal Code.

Justice Yaacob then substituted the decision with a conviction for murder and sentenced Mohd Khaidir to death.

Mohd Khaidir and Abdul Aziz Zabidi, 41, were jointly charged with murdering Razali Mahmod, 38, who was also homeless, in a room in Times Inn Hotel in Damansara Damai, Petaling Jaya, Selangor at 9.45 pm on March 11, 2016.

However, the High Court acquitted Abdul Aziz without calling for his defence and the prosecution did not appeal against that decision.

At the end of the defence case, the Shah Alam High Court, on July 31, 2018, sentenced Mohd Khaidir to 20 years jail after amending the charge to culpable homicide not amounting to murder under Section 304 (a) of the Penal Code.

According to the facts of the case, a fight broke out between Mohd Khaidir, the deceased and Abdul Aziz in a hotel room and evidence showed that the deceased was hit, punched and repeatedly kicked.

Deputy public prosecutor How May Ling prosecuted, while Mohd Khaidir was represented by lawyer K.A. Ramu.