A former security guard lost his final appeal at the Federal Court today to set aside his conviction and death sentence for the murder of Ambank Subang Jaya branch officer Norazita Abu Talib more than two years ago.
A five-man bench led by Court of Appeal President Tan Sri Md Raus Sharif unanimously dismissed La Ode Ardi Rasila's appeal against his conviction and death sentence for the murder charge.
The same coram also dismissed the 39-year-old Indonesian's appeal against his conviction and death sentence on another charge under the Firearms (Increased Penalities) Act 1971 for committing robbery and intentionally firing a shot using a pump gun.
La Ode, in white-red prison attire appeared calm when the court delivered the decision.
Justice Raus said the High Court and Court of Appeal had considered La Ode's defence and the Federal Court did not have any reason to decide otherwise.
"The defence has not cast any reasonable doubt against the prosecution's case. His conviction is safe," said Raus who sat with Chief Judge of Malaya Tan Sri Zulkefli Ahmad Makinudin and Federal Court judges Tan Sri Ahmad Ma'arop, Tan Sri Hasan Lah and Datuk Zaharah Ibrahim.
La Ode's counsel Gooi Soon Seng had earlier submitted that his client did not fire the shot intentionally but merely pumped the gun to attract the attention of Norazita and her colleague and to tell them that he was going to rob the bank.
"Two ladies were putting money in the vault. He was in a jittery position. He was very nervous. My client had said he just pumped the gun but did not know what happened after that."
Gooi said La Ode intended to rob but did not have the intention to cause Norazita's death.
However, deputy public prosecutor Tengku Amir Zaki Tengku Abdul Rahman contended that it was impossible for La Ode to fire the shot unintentionally.
He said pumping the gun would only load bullets to the chambers, adding that before he could pull the trigger, he must put the safety pin in the 'fire' position.
On August 14, 2014, the Shah Alam High Court sentenced La Ode to death after finding him guilty of the two charges.
He committed both offences inside the building of Ambank Subang Jaya branch in Jalan USJ Sentral 2, Subang Jaya, between 6pm and 6.30 pm on October 23, 2013.
He lost his appeal at the Court of Appeal on July 30, last year.
La Ode has one more option, that is to appeal to the Pardons Board against his death sentence. – Bernama, February 29, 2016.
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