20 years’ jail for causing death of sister’s ‘suitor’
KOTA KINABALU: A local man was sent to prison for 20 years by the High Court here for causing the death of a 54-year-old man who had attempted to pursue the former’s married sister.
Sabdali Sajali, 34, was sentenced by Justice Datuk Nurchaya Hj Arshad after he changed his plea to that of guilty when the case came up for trial yesterday.
Upon accepting the prosecution’s offer of an alternative charge, Sabdali admitted to committing culpable homicide not amounting to the murder of Madrus Dalin, dated September 3, 2014 near an unnumbered house in Kampung Siasai Dundau, Kota Belud between 12.30am and 1am.
The alternative charge under Section 304(a) of the Penal Code carries imprisonment term which may extend to 30 years with a fine, on conviction.
Sabdali had initially faced a charge under Section 302 of the Code, which is punishable with the death penalty.
In mitigating for leniency, counsel Zahir Shah for Sabdali implored the court to consider that his client had only committed the act as he was provoked by the deceased.
Sabdali had warned the deceased thrice not to approach his married sister, said Zahir, but the deceased did not listen and even went to visit his (Sabdali’s) sister while her husband was not around.
In reply, deputy public prosecutor Aida Fatimah Abd Jabar urged the court to impose a deterrent sentence upon the accused, who had been sentenced to eight months’ jail, consecutively, for two previous convictions of causing hurt under Section 323 of the Code.
Aida argued that the accused is charged with a grave and serious offence which cost both the deceased’s life and an infringement on the latter’s right to live.
In addition, the deceased had been 54 years old and was therefore no match against the accused, who is far younger, said Aida.
She also emphasised the accused’s use of a machete and the fact that the latter certainly had enough sense to know that it could cause serious injuries and even kill a person with the force he applied on the 54-year-old.
After all, said Aida, the accused at the time of the incident had achieved the age where he is able to discern between right and wrong and should have therefore had selfcontrol over his actions and temperament.
Earlier, the court was informed that the deceased had gone to see the accused’s sister at about 12.30am on the day of the incident.
Upon realising this, the accused went after the deceased with the machete and managed to stop the latter from running away by kicking him, causing him to double over.
A struggle followed, in which the accused landed multiple punches to the deceased’s face and hit him on the side of his head with the hilt of the weapon.
In another attempt to escape, the deceased was again stopped by the accused, who had smashed a chicken coop onto the former’s body.
The scuff le resulted in the deceased sustaining fatal wounds to his head, apart from seven broken ribs, a few missing teeth and wounds to his forehead and right palm.