The Federal Court has maintained the death penalty imposed on Shahril Jaafar for the 2006 murder of Chee Gaik Yap in Sungai Petani, Kedah.
PUTRAJAYA: The Federal Court has maintained the death sentence passed on a businessman for the murder of a marketing executive near a club in Sungai Petani, Kedah, in 2006.
Justice Harminder Singh Dhaliwal announced the dismissal of Shahril Jaafar’s application for a commutation of his sentence, saying Chee Gaik Yap had suffered “exceptional violence” leading to her death.
The judge said Chee, then 25, had been “abducted, sodomised, raped and killed” by Shahril, the son of a Datuk businessman.
“This murder caused shock to the public as it happened in broad daylight.
“We are not bound by public opinion, but we are constrained to dismiss,” said Harminder.
Also on the panel hearing the review application were Justices Nordin Hassan and Abu Bakar Jais.
The application was made under the Revision of Sentence of Death and Imprisonment for Natural Life (Temporary Jurisdiction of the Federal Court) Act 2023 following Parliament’s removal of the mandatory death penalty for murder last year.
In 2015, the High Court found Shahril guilty of murdering Chee near Kelab Cinta Sayang in Taman Ria, Sungai Petani, and sentenced him to death.
His conviction and sentence were affirmed by both the Court of Appeal and Federal Court.
Chee, a Universiti Utara Malaysia graduate, was raped prior to her murder. Her body was dumped in a housing estate in January 2006.
She was believed to have been tailed by her assailant while jogging in the neighbourhood.
Shahril was picked up soon after Chee’s body was found but released on police bail pending the results of a DNA test.
He skipped bail and left for Perth, Australia, but was re-arrested six years later upon his arrival at KLIA from Perth in January 2012.
Shahril wants to start anew, says lawyer
Earlier, lawyer Rosli Kamaruddin told the court that Shahril was remorseful and wanted to start his life anew.
He also said that his client wanted to be at home with his mother and siblings.
“He went through rehabilitation courses in prison. This shows his intention to repent,” said Rosli.
However, deputy public prosecutor Dusuki Mokhtar objected, saying the murder was a “rarest of rare” case.
He said the forensic pathologist found 50 wounds on Chee’s remains, including in the region of her private parts where Shahril’s DNA was found.
“The deceased’s family has indicated to the prosecution that they do not support Shahril’s application for a review,” Dusuki added.
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