The Court of Appeal today upheld the death sentence on a former security guard for the murder of Perak Veterinary Services Department deputy director almost five years ago.

A three-man bench chaired by Justice Tengku Maimun Tuan Mat unanimously dismissed Syahmie Hassan's appeal to set aside his conviction and death sentence.

The 25-year-old was found guilty and sentenced to death by the High Court in Ipoh on July 31 last year for killing Dr Rohani Kasim, 38, at her apartment in Persiaran Lembah Perpaduan, Permai Lake View in Ulu Kinta, Perak, between 6pm and 7.30pm on Aug 3, 2011.

Evidence revealed that Syahmie had broken into Rohani's apartment with the intention to rob her. He had waited for her to return home after failing to find any valuables.

In a struggle, Rohani bit the assailant's finger but he pushed her away causing her to fall and knock her head on a table. Realising she was still alive, he proceeded to strangle the deceased using a curtain cloth until she stopped breathing.

'He copulated with the deceased'

The accused also copulated with the deceased after she had died.

Syahmie, who was wearing white and red prison clothes, looked calm when the court delivered the decision.

In her decision, Justice Tengku Maimun said there was no appealable error by the High Court judge in the findings and that the Court of Appeal's intervention was not warranted.

Also presiding on the panel were Justices Ahmadi Asnawi and Kamardin Hashim.

Earlier Syahmie's counsel Rafael Abdullah submitted that his client was a sick man suffering from bipolar disorder and he should not have been found guilty for murder, and instead should be detained at the pleasure of the Sultan of Perak for reason of insanity.

Rafael said Syahmie was receiving medical treatment a year before the incident.

Deputy Public Prosecutor Wan Shaharuddin Wan Ladin urged the court to uphold his conviction adding that his conduct of copulating with the deceased after she died was because he had a high sex drive and not because he was mentally insane.

- Bernama