The five-member bench led by Chief Judge of Sabah and Sarawak Datuk Seri David Wong Dak Wah was unanimous in its dismissal of the appeal by Fong Kong Meng and his wife Teoh Ching Yen.He said the Federal Court had re-evaluated the entire evidence and held that the conviction of the couple should be under section 304 of the Penal Code.
Then on May 16, their counsel Datuk Seri Gopal Sri Ram had submitted before the Federal Court that the appropriate sentence would be under section 304 of the Penal Code which provided a maximum 10 years jail term and not under section 304 of the Penal Code which was punishable to 30 years jail. Sri Ram who was assisted by Hisyam Teh Poh Teik, had submitted that the prosecution had relied on Section 300 of the Penal Code to prove its case for murder, and that the High Court had relied on the same section when sentencing the couple to death.
Deputy public prosecutor Tetralina Ahmed Fauzi, had argued that the 20 years jail sentence imposed on Fong and Teoh were according to the law.
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