Businessman Kenneth Lee Fook Mun was sentenced to death after the Court of Appeal allowed the prosecution's appeal and set aside the eight years jail imposed by the High Court for causing the death of an accountant five years ago.

Justices Abdul Kadir Sulaiman, Mohamed Ghazali Mohamed Yusoff and Tengku Baharudin Shah Tengku Mahmud were unanimous in convicting him of murder, a capital offence.

Lee alias Omar Iskandar Lee Abdullah, 53, a grandson of former Finance Minister Tun HS Lee was originally charged with murdering Lee Good Yew, 53, by shooting her at Jalan Istana Baru in Kuala Lumpur at 7.55pm on Aug 22, 2000.

Bernama reported that the court allowed the prosecution's appeal against the inadequacy of sentence and set aside the conviction of culpable homicide not amounting to murder.

However at the end of the defence case, the High Court convicted and sentenced Lee to eight years jail for culpable homicide, an offence that carries a maximum 10 years. Justice Abdul Kadir, in his oral decision, said the High Court judge (S Augustine Paul) was wrong in convicting and sentencing Lee to eight years' jail for culpable homicide not amounting to murder.

"He should be found guilty of murder," he said.

He then asked Lee whether he wanted to say anything, to which Lee aswered in the negative.

Only one sentence for murder

However, Lee's counsel, K Kumaraendran, stood up and told the court that Lee was suffering from hypoglycemia (lower than normal glucose level in the blood) on the day of the shooting and had also cooperated with the police during the investigation.

Deputy Public Prosecutor Abdul Karim Abdul Jalil said that there was only one sentence for murder, and that is the death sentence. Justice Abdul Kadir said: "Kenneth Lee Fook, under section 302 of the Penal Code, there is only one sentence. If you are guilty of murder, you will be punished with death."

He also dismissed Lee's cross-appeal against the High Court's decision.

After the court proceeding, Lee was surrounded by his family members, including his wife, Noor Salasawati Mohamed Taib, who was seen crying when hugging him.