PUTRAJAYA: The Court of Appeal today dismissed an appeal by three men against their conviction and sentence for kidnapping a Dutch boy in 2012.
The three-member panel led by justice Datuk Seri Zakaria earlier unanimously dismissed Chong Tat Siong, Foong Khar Fai and Lee Phak Seng’s appeal and upheld the High Court’s conviction and life sentence plus six strokes of the cane, on each of them.
Zakaria who sat with Court of Appeal judge Datuk Dr Badariah Sahamid and High Court judge Datuk Abdul Karim Abdul Jalil also dismissed the prosecution’s cross appeal for the trio to be given the death sentence.
He held that there were no merits in the trio’s appeal and prosecution’s cross-appeal.
Deputy public prosecutor Nurshafini Mustafha had sought for the death penalty on self-employed Chong, 28, mobile phone seller Foong, 24, and unemployed Lee, 27.
She submitted that they had committed a grievous offence under Section 3 of the Kidnapping Act 1961 which carries the death sentence or life imprisonment on conviction, and were a threat to public order.
The trio were found guilty of kidnapping the victim who was then 12-years-old, with another accomplice still at large, at Jalan Kiara 1, Mont Kiara, Kuala Lumpur on April 27, 2012, for a ransom of RM300,000.
The victim, now aged 16, was found safe in Rawang on May 3, 2012. Chong’s lawyer Rejinder Singh earlier submitted that his client had no part in the kidnapping and was involved in releasing the boy.
Counsel Amirul Ridzuan Hanif who represented Foong and Lee submitted that his clients’ offence was only for wrongful confinement of the boy and not kidnapping, adding that they took care of him for a week before releasing him.
He said his clients were told that the boy would be kept in the house because his father owed money to a person named Thomas.- BERNAMA