PETALING JAYA: The Shah Alam High Court has rejected a former tourism agency manager’s appeal to begin serving his seven-year prison sentence for shooting his ex-wife from the date of his arrest in 2024.
Berita Harian reported today that Hafizul Hawari, 39, must serve the seven-year term after completing a six-year prison term imposed by the Kota Bharu sessions court in Kelantan for separate offences.
In his grounds of judgment dated Oct 19, Justice Shamsulbahri Ibrahim upheld the Sepang sessions court’s decision on Dec 5 last year.
Hafizul pleaded guilty to the attempted murder of Farah Isa, 40, and causing grievous hurt to the victim’s bodyguard, Nur Hadith Zaini, at KLIA Terminal 1 on April 14, 2024.
He was sentenced to five years’ imprisonment for attempted murder and seven years for causing grievous hurt with a dangerous weapon, with both sentences to run concurrently.
Last year, the Kota Bharu sessions court sentenced Hafizul to six years’ imprisonment for seven offences, including illegally possessing an Austrian Glock 19 pistol, 33 bullets, firecrackers and identity cards belonging to three other individuals, as well as driving a vehicle with a fake number plate.
He began serving the six-year sentence on the date of his arrest, April 15, 2024.
In his appeal, Hafizul did not challenge his conviction or sentence but argued that his sentence for the shooting should begin from the date of his arrest.
His lawyer, Nik Faris Syazwan Zainuzzaman, argued that Hafizul had been held in remand without bail from April 15, 2024, to Dec 5, 2025, a period of nearly 20 months that should be considered when determining the start date of his sentence.
Nik Faris said the sessions court judge failed to consider important mitigating factors, including Hafizul’s early guilty plea, lack of previous convictions and remorse for his offences.
However, Shamsulbahri said determining when the prison sentence should begin fell within the judge’s discretion and should be based on the facts of the case, the seriousness of the offence and public interest.
He ruled that the sessions court’s order was legally sound, fair and in line with Section 292 of the Criminal Procedure Code, which regulates the commencement of a new prison sentence for a person already serving a prison term.
According to the facts of the case, Farah arrived at KLIA Terminal 1 at 1.09am on April 14, 2024, after returning from the umrah with Nur Hadith.
Hafizul, who was waiting for Farah near a pillar by the lift on level three of the main terminal, fired several shots at both victims.
Nur Hadith shielded Farah and was shot several times in the abdomen. The bullets passed through his body and injured his intestines, resulting in his hospitalisation at Cyberjaya Hospital for 13 days.
Hafizul fled the scene but was later arrested in Kota Bharu while driving a vehicle with a fake number plate.