Federal Court commutes ex-soldier's death sentence to 40 years' jail

The Federal Court has commuted the death sentence imposed on former soldier Abdullah Mohamed, 44, to 40 years' imprisonment for the murder of his daughter.

Justices Vazeer Alam Mydin Meera and Nazlan Ghazali formed the majority in allowing Abdullah's appeal against his sentence, ordering that the jail term be backdated to Jan 31, 2018, the date of his arrest.

As Abdullah is below 50 years old, the court also ordered that he receive 12 strokes of the cane.

Bench chairman Justice Nordin Hassan dissented, taking the view that the death sentence imposed by the High Court and upheld by the Court of Appeal should remain.

The three-member bench was, however, unanimous in dismissing Abdullah's appeal against his conviction.

"There is no miscarriage of justice to warrant setting aside the conviction," Nordin said when delivering the court's decision.

During mitigation, defence counsel Afifuddin Ahmad Hafifi urged the court to give Abdullah an opportunity for rehabilitation, while deputy public prosecutor Wan Shaharuddin Wan Ladin argued that the death sentence should be maintained, saying Abdullah had shown no remorse for his actions.

The resentencing followed the coming into force of the Abolition of Mandatory Death Penalty Act 2023, which gives courts the discretion to impose either the death penalty or imprisonment of between 30 and 40 years for murder, replacing the mandatory death sentence.

Last year, the Court of Appeal upheld the High Court's 2023 decision sentencing Abdullah to death.

Abdullah was convicted of murdering his daughter, Nur Aina Nabihah Mohammad Abdullah, at a house on Jalan Vista Jaya 5, Taman Vista Jaya, Lukut, Port Dickson, between 8.30pm and 11.30pm on Jan 31, 2018.

The prosecution proved that Abdullah punished Aina Nabihah and her siblings for failing to perform their prayers by ordering them to do 500 push-ups and sit-ups.

When the girl became too exhausted to continue, he stepped on her stomach. As she struggled to get up, he stepped on her again before repeatedly pushing and kicking her, causing fatal injuries which led to her death.