A former soldier has escaped the death penalty after the Federal Court, in a majority 2-1 decision, replaced his sentence with 40 years’ imprisonment and 12 strokes of the cane for murdering his biological daughter eight years ago.
The three-member panel comprising Judges Datuk Nordin Hassan, Datuk Seri Vazeer Alam Mydin Meera and Datuk Mohd Nazlan Mohd Ghazali upheld the conviction against Mohammad Abdullah Mohamed, 44, under Section 302 of the Penal Code.
Justice Nordin said the court found no miscarriage of justice in the previous decisions that convicted the appellant, and therefore maintained the murder conviction.
However, he said there was a split decision among the judges regarding the sentence, with Justices Vazeer Alam and Mohd Nazlan deciding that the death penalty should be substituted.
Nordin said he disagreed with the majority decision, as he believed the circumstances of the case warranted the death sentence to remain.
“However, you are fortunate because the majority of the panel agreed for the death penalty to be replaced with imprisonment,” he said.
The court ruled that the appropriate punishment was 40 years’ imprisonment from the date of arrest on Jan 31, 2018, along with 12 strokes of the cane.
On Aug 22, 2023, the Seremban High Court sentenced Mohammad Abdullah to death after finding him guilty of murdering his nine-year-old daughter, Nur Aina Nabihah, at a house in Taman Vista Jaya, Lukut, Port Dickson, between 8.30pm and 11.30pm on Jan 31, 2018.
The conviction and death sentence were later upheld by the Court of Appeal on June 26, 2025.
Earlier, defence lawyer Afifuddin Ahmad Hafifi argued that the conviction under Section 302 was unsafe, claiming that the previous courts had relied on testimony from the prosecution’s 18th witness, the victim’s brother, without conducting a competency assessment before accepting the evidence.
The defence also argued that Mohammad Abdullah should be given a second chance, claiming he had brought his daughter to hospital for treatment.
However, Deputy Public Prosecutor Datuk Wan Shaharuddin Wan Ladin said the witness, who was 15 years old at the time of giving evidence, understood the questions asked during the trial.
He told the court that the witness had described how the victim and her brother were punished by their father for failing to perform prayers, including being ordered to do 500 push-ups and sit-ups.
Wan Shaharuddin said the victim suffered severe injuries after allegedly being kicked and stepped on, causing internal injuries, broken ribs, neck marks and head injuries.
He added that the victim had suffered 23 external injuries and argued that the accused did not deserve another opportunity as he had shown no remorse.
Speaking to reporters after the proceedings, Wan Shaharuddin said the prosecution accepted the court’s decision, adding that the 40-year prison sentence would give the accused time to reflect on his actions.
