KUCHING: The appeal against the death sentence of a man who allegedly killed a pepper buyer with a shotgun seven years ago was rejected by the Court of Appeal here today (October 20).
A panel of three Court of Appeal judges consisting of Datuk Has Zanah Mehat, Datuk Seri Mariana Yahya, and Datuk Supang Lian unanimously rejected Chong Fook Fatt’s appeal for his conviction and death sentence.
Fook Fatt, 48, lodged an appeal against the High Court’s decision on 24 July 2020, which sentenced him to death after being found guilty of killing a pepper buyer Chon Siew Kiong, 36, in a black pepper garden in Kampung Jugan, Jalan Bau-Lundu on 21 June 2016.
Earlier, Kuching High Court Judge Celestina Stuel Galid sentenced the appellant to death by hanging after he was found guilty under Section 302 of the Penal Code.
Celestina made the decision after finding that the prosecution succeeded in proving a prima facie case against Fook Faat who allegedly killed Chon Siew Kiong using a shotgun.
Based on previous media reports, during the incident, the victim and his friend headed to Kampung Jugan from Serian planning to buy black pepper.
While arriving and heading towards the village road in the village, suddenly the victim’s friend heard gunshots and saw the victim who was driving the lorry suddenly collapsed.
Friend of the victim quickly sends the victim who was in critical condition to Bau Hospital to receive treatment.
However, the victim was confirmed dead a day after the incident.
In addition, Chong Fook Lai, 46, who is the accused’s younger brother, was also charged along with the accused because he was suspected of being involved in the murder.
Nevertheless, the High Court amended Fook Lai’s charge to Section 109 of the Penal Code read with Section 302 of the Penal Code for abetment.
On 19 July 2018, the court then acquitted Fook Loi of the charges involved.
The case was prosecuted by Deputy Public Prosecutor Samihah Rhazali while the appellant was represented by court-appointed lawyers, Osman Ibrahim and Nur Atiqah Kulah.
