Unemployed man's death sentence for killing three foster relatives upheld

A three-man panel comprising Justices Datuk Seri Kamaludin Md Said, Datuk Nordin Hassan and Datuk Hashim Hamzah also affirmed the 10-year jail sentence imposed on Luqman Hadi Mustapa by the High Court for attempting to murder two siblings.

Justice Nordin, who delivered the court's decision, said the burden was on Luqman to prove his defence of legal insanity under Section 84 of the Penal Code on a balance of probabilities.

Section 84 states that nothing is an offence which is done by a person, who at the time of doing it, by reason of unsoundness of mind, is incapable of knowing the nature of the act, or that he is doing what is either wrong or contrary to law.

He said it was the trial judge to decide whether the defence of legal insanity was proven or not based on the facts of the case adding that the court found that the High Court had rightly decided in dismissing the defence of legal insanity in the case and it was supported by the law.

An accused person must show both medical and legal insanity in order to plead an unsound mind.

Justice Nordin said Luqman's conviction for the offences was safe and that his (Luqman's) appeal against his conviction and sentence was dismissed.

Luqman, 33, was appealing against the decision by the Melaka High Court on Aug 16, 2019, to sentence him to death after finding him guilty of murdering his foster mother's sister Mariah Baharim, 61, her husband Hassan A. Wahab, 70, and their 22-year old son Muhammad Taufeq.

The High Court also found Luqman guilty on two charges of attempting to murder the couple's daughters Noor Haslinda Diyana, 26, and Nur Aqedah Aeina, 24, and sentenced him to 10 years in jail, which to run concurrently, on each of the two charges.

He was accused of committing the offences at a house in Jalan Sidang Said in Bertam Malim, Melaka between 5.50 am and 6.15 am on Aug 25, 2016.

In his decision, then High Court judge Datuk Wira Ahmad Nasfy Yasin (now Court of Appeal judge) said Luqman's actions were inconsistent with that of an individual who had an unsound mind, in view of the fact that his grandmother was unharmed in the incident and that he had first attacked the men before turning on his female relatives.

During the trial at the High Court, 25 witnesses testified for the prosecution.

When the court ordered Luqman to enter his defence, he opted to remain silent.

The deputy director of Hospital Permai in Johor was called as a witness in the trial to tender a report by a psychiatrist who had examined Luqman as the psychiatrist had passed away.

Luqman has one more avenue to appeal, that is to the Federal Court.

Luqman was represented by lawyers Azrul Zulkifli Stork, Mohd Fahmy Sulaiman and Azalea Nazihah Zulkifli while deputy public prosecutors Nurul Farhana Khalid and Dhiya Syazwani Izyan Mohd Akhir appeared for the prosecution.