Court delays sentencing in double murder case due to missing exhibits

New Straits Times

20-05-2025

KUALA LUMPUR: The High Court today postponed the sentencing of an unemployed man who pleaded guilty to the double murder of his elderly parents in Kampung Sungai Penchala, after several key exhibits were not produced in court.
Judge K. Muniandy had been scheduled to deliver the sentence against Afendi Muhammad Agus @ Muhamed Ali, 44, but proceedings were adjourned after the prosecution failed to present crucial items, including the knives and clothing used in the killings.
Deputy public prosecutor Izalina Abdullah informed the court that the exhibits had not been brought to court, as the investigating officer was currently out of state on duty and had not handed them over to her.
The judge expressed dissatisfaction, saying that the officer should have ensured the items were available for the hearing, and questioned his absence.
Muniandy said the exhibits must be shown to Afendi in court.
The judge then set Friday for the exhibits to be presented to Afendi before sentencing.
Afendi was represented by lawyer Mohd Ruzaini Zulkifli. He is currently serving a five-year prison sentence for a separate drug-related offence.
Earlier in the proceedings, the court interpreter read out the two murder charges to Afendi, who appeared in the dock in an orange prison uniform and handcuffed.
Calm and composed, he said he understood the charges and their implications.
The charges state that Afendi murdered his father, Muhammad Agus @ Muhamed Ali Omar, 82, and his mother, Darlisma Njatu Saleh, 72. The offences were committed at around 7.10pm and 7.20pm respectively, at their residence in Kampung Sungai Penchala, Jalan Penchala Hilir, within the Brickfields district on Dec 9, 2023.
The charges fall under Section 302 of the Penal Code, which provides for the death penalty, or imprisonment for a term not less than 30 years and not more than 40 years, along with a minimum of 12 strokes of the rotan.
Afendi was arrested later that evening at the Penchala Tunnel on the Sprint Highway, at 10.30pm. Police were responding to reports of a disturbance and discovered the bodies of the couple at the scene.
The accused has a criminal history involving nine previous drug-related offences and was reportedly out on bail at the time of the incident.
A forensic psychiatric report from Hospital Bahagia Ulu Kinta in Perak, dated Feb 7, confirmed that Afendi was of sound mind at the time of the killings.
Forensic specialist Dr Allan Sia Ting Chan said that Afendi did not suffer from any mental illness.
He was aware of the nature and consequences of his actions and understood that what he did was wrong and against the law.
Dr Sia said that Afendi, the third of the couple's children and living with them prior to his arrest, showed no signs of hallucinations, delusions, mania, depression, or drug intoxication. His cognitive functions were also deemed normal.