Johor bahru: The Court of Appeal today upheld a 30-year prison sentence and 12 strokes of the cane imposed on a former car spray workshop worker for murdering an elderly man by stabbing him multiple times with a knife at a homestay five years ago. A three-judge panel led by Datuk Azman Abdullah, in a unanimous decision, dismissed the appeal by Lu Kian Pin, 41, to set aside the conviction and sentence handed down by the Johor Bahru High Court.

According to BERNAMA News Agency, the panel also included Datuk Hayatul Akmal Abdul Aziz and Datuk Mohd Radzi Abdul Hamid. Delivering the judgment, Mohd Radzi stated that the court found that the appellant, Lu, had failed to demonstrate that the High Court had erred in convicting him on the charge. The court found no reason to interfere with the findings made by the High Court, stating that Lu failed to prove there was provocation by the victim and did not present any meritorious grounds to justify setting aside the conviction under Section 302 of the Penal Code.

The prosecution had established Lu’s intention to cause injury, which resulted in the victim’s death, even though intention to kill is not an element that must be proven. Consequently, the court agreed with the prosecution that Lu’s appeal lacked merit, leading to the dismissal of the appeal and upholding of the High Court’s conviction and sentence.

Lu had appealed against the Johor Bahru High Court’s decision in February 2024, which sentenced him to 30 years’ imprisonment from the date of arrest on March 7, 2021, and 12 strokes of the cane after he was found guilty of murdering Foo Ji Khwe, 78, at a homestay on Jalan Pinang, Taman Kota Kulai, Johor, at 3.30 pm on March 7, 2021.

Earlier, Deputy Public Prosecutor P. Sarulatha submitted that a prosecution witness, who was also a tenant at the same homestay, encountered Lu and the deceased as they were walking up the stairs to the first floor and exchanged greetings. The witness testified that Lu made a remark about being cheated, and the deceased asked her to keep some distance as Lu was intoxicated before both men proceeded upstairs.

The witness heard sounds resembling a struggle and screams, and upon going upstairs, she saw Lu coming down holding a blood-stained knife. A post-mortem examination revealed 16 injuries, including seven stab wounds, three of which were severe and led to the victim’s death. The cause of death was determined to be multiple stab wounds to the chest and abdomen.

At today’s proceedings, the appellant was represented by lawyer G. Ravi.