The two men were convicted of the 2013 murder of Pahang Islamic Religious Department (Jaip) Enforcement Division's principal assistant director, Ahmad Raffli Abd Malek.
This followed a decision by a three-judge panel led by Chief Justice Tun Tengku Maimun Tuan Mat in allowing the review application by Sumustapha Suradi, 50, and Shamsinar Abdul Halim, 47, to replace the death penalty with imprisonment under the Revision of Sentence of Death and Imprisonment for Natural Life (Temporary Jurisdiction of The Federal Court) Act 2023.
"The applications by both applicants are allowed. The death penalty is replaced with imprisonment. Shamsinar is sentenced to 40 years in prison from the date of his arrest on Feb 22, 2014, and 12 strokes of the cane, while Sumustapha to 40 years in prison from the date of his arrest on Nov 27, 2013," said Judge Tengku Maimun when delivering the unanimous decision.
The other two judges are Court of Appeal president Tan Sri Abang Iskandar Abang Hashim and Datuk Nordin Hassan.
n Dec 27, 2016, the Kuantan High Court sentenced the two men to death after finding them guilty of the murder.
Ahmad Raffli, 49, was shot in front of his house in Bandar Indera Mahkota, Kuantan on 10 Nov 2013.
Their appeal to the Court of Appeal was dismissed on Feb 8, 2018 and on Nov 29 the same year, the Federal Court upheld the death sentence.
The cult leader Harun Mat Saat, better known as 'Tuhan Harun', was also charged with conspiring in the murder.
However, the charge against him was dropped on Aug 26, 2016, following his death at Tengku Ampuan Afzan Hospital, Kuantan, on Aug 16 due to respiratory problems.
Earlier, lawyer Abdul Rashid Ismail, representing Sumustapha, submitted that it was imperative to consider that the applicant, previously an employee of one of the many companies controlled by Tuhan Harun, was also a victim of Tuhan Harun's pervasive influence.
"Tuhan Harun was not merely the primary instigator and mastermind behind the killing. He was a powerful cult leader wielding immense influence over his followers, including the applicant," he said.
Abdul Rashid said Sumustapha's actions in this case, while gravely serious, must be viewed through the lens of the manipulation and prolonged psychological pressure exerted by Harun Mat Saat.
"At the material time, the applicant genuinely believed his actions were in fulfilment of "God's instructions" and for "a higher purpose". This belief, however misguided, demonstrates that the applicant could not have acted impartially or on a rational basis at the material time.
"My client was a former policeman who had served the force for 16 years," he said.
Lawyer Muhammad Hasif Hasan, representing, Shamsinar concurred with Abdul Rashid's argument.
Meanwhile, Deputy Public Prosecutor Roshan Karthi Kayan objected to the applications on the grounds that the murder was planned to thwart the actions of religious enforcement authorities in combatting deviant teachings in Pahang.
"Imprisonment is not appropriate because the actions of both of them have a big impact on the enforcement movement to eliminate deviant teachings.
"The victim was killed in his capacity as a religious officer. Punishment in the form of a lesson needs to be handed down as a lesson, besides protecting the lives of those on duty," he said.
-- BERNAMA
