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©New
Straits Times (Used by permission)
by V. Anbalagan
PUTRAJAYA: A man described in court as a road bully will appear again in the
Court of Appeal with a lawyer to argue why he should not be given the maximum
20-year jail sentence for causing the death of a motorist.
Judge Datuk Gopal Sri Ram said Nazhazizud-Din Md Na-wi, 25,
had committed a "very serious" offence as he had returned to the scene after an
accident and hit Azman Abdul Karim on the head with a brick. "The blow was fatal
as medical evidence showed the deceased's skull was broken. There was a
cooling-off period and this was evident when you returned to commit the crime."
The High Court had sentenced him to 14 years' jail after he pleaded guilty to
the attack on Azman, together with two others near a factory at the
Jelapang-Chemor trunk road near Ipoh about 4.30pm on March 12, 2005.
His jail term began from the day of arrest on March 31, 2005, but he appealed to
the appellate court against the sentence.
Facts revealed that Nazhazizud-Din and the two other assailants attacked the
victim but fled when a crowd gathered at the scene.
However, he returned a few minutes later and picked up a brick and hit the
victim.
To Sri Ram's query as to why the prosecution had not appealed against the
sentence, deputy public prosecutor S. Devanandan replied that the court could
use its powers to enhance the jail term.
Nazhazizud-Din, who was unrepresented, had earlier made an unsuccessful attempt
to withdraw his appeal but this was rejected as the DPP had already argued his
case.
The court vacated the case to a date to be fixed to allow Nazhazizud-Din to
engage a counsel.
The same panel also dismissed a housewife's appeal against a 19-year jail
sentence for causing the death of her 76- year-old neighbour.
"You are lucky. You would have been hanged if the prosecution had charged you
for murder," Sri Ram said.
Facts revealed that Jamilah Jamlus, 36, had used a pillow to suffocate the
victim and slit her throat before fleeing with a gold bracelet.
Jamilah, who was unrepresented, had gone to Zainab Long's house to borrow money.
She committed the offence at the victim's house at Jalan Dulang in Yan, Kedah
about 10.30am on Nov 9, 2003.
The High Court sentenced her to 19 years' jail after she pleaded guilty to an
alternative charge of causing death.
The same panel also raised the jail term to 18 years for an unemployed youth
found guilty of causing the death of a tyre shop proprietor.
B. Kesavan, now 25, committed the offence on Chan Ah Saa, who was his employer,
at the victim's premises in Pusing , Batu Gajah about 6pm on On Jan 17, 2003.
Facts revealed Kesavan played a major role, together with two others, in
planning a robbery with the intention of getting money to settle a debt owed to
an illegal money-lender.
Chan's body was put in a gunny sack and thrown into a mining pool.
Kesavan, who was represented by M. Stanlius Vetha-nayagam, appealed against the
14-year jail sentence imposed by the High Court.
Meanwhile, two youths withdrew their appeal against sentence for possessing 24g
of heroin. Shamsul Bahari Abdullah, 32 and Thai national Nasir Mohamad, 23, were
each sentenced to 15 years' jail and 10 strokes of the rotan by a High Court for
committing the offence at a roadblock in front of a police station in Kota Baru
about 11.20pm on July 26, 2004.
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