16-7-2024 (KUALA LUMPUR) The Federal Court of Malaysia has commuted the death sentences of two men convicted in high-profile murder cases. The rulings, handed down by a panel of esteemed judges, have granted La Ode Ardi Rasila and Asni Omar a second chance at life, albeit accompanied by lengthy prison terms and corporal punishment.
The first case involved La Ode Ardi Rasila, a 47-year-old Indonesian national who had previously been convicted by the Shah Alam High Court in 2014 for the murder of bank officer Norazita Abu Talib a year earlier. The Federal Court, presided over by Chief Justice Tengku Maimun Tuan Mat, along with Judges Datuk Nordin Hassan and Datuk Hanipah Farikullah, set aside the death sentence and instead imposed a 38-year prison term accompanied by 12 strokes of the cane for the murder charge.
Additionally, La Ode received a 33-year jail sentence and 12 strokes of the cane for a separate charge under Section 3 of the Firearms (Increased Penalties) Act 1971. The court ordered these sentences to run concurrently from the date of his arrest on November 10, 2013.
The second case involved Asni Omar, a former trader who had been convicted of murdering French tourist Stephanie Foray in May 2011. Foray’s remains were discovered three months later, buried in a cave on the picturesque island of Pulau Tioman.
In a decision that echoed the court’s stance on mercy, the Federal Court sentenced Asni, 49, to 36 years in prison and 12 strokes of the cane, effective from the date of his arrest on July 21, 2011. He had initially been convicted by the Kuantan High Court under Section 302 of the Penal Code for the murder, which occurred between 8 pm on May 10 and noon on May 12, 2011, at a house in Kampung Tekek, Pahang.
The commutation of these death sentences marks a significant departure from previous rulings by the Federal Court. In 2016, the court had upheld the hanging sentences for both La Ode and Asni, with a panel of five judges led by the then Chief Justice Tun Arifin Zakaria rejecting their appeals, citing sufficient evidence to support the original verdicts.
