PUTRAJAYA: A Nigerian man escaped the gallows after the Court of Appeal commuted the death sentence imposed on him to 35 years' jail over the murder of a chief nurse at Serdang Hospital.
A three-member panel of the Court of Appeal, comprising Justices Datuk Vazeer Alam Mydin Meera, Datuk Ahmad Zaidi Ibrahim and Datuk SM Komathy Suppiah also ordered Alowonle Oluwajuwon Gilbert to be punished with 12 strokes of the cane.
He said there was no necessity for the court to consider whether other statutory defences applied to Gilbert as the trial judge had rejected his alibi defence.On the sentence, Justice Vazeer said there was also no suppression of evidence by the prosecution in not providing the entire recordings of a closed-circuit television camera at the Third Avenue Condominium in Cyberjaya, for the days after the incident, to the defence.
"We set aside the death sentence and substitute it with 35 years jail from the date of arrest and he would also be punished with 12 strokes of the cane," he said. He said there was no evidence that the murder was pre-meditated and the fact that Gilbert's blood was found on his clothing and at the crime scene, a sudden fight could have taken place between his client and the deceased.
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