Indonesian’s death sentence for killing wife commuted
KOTA KINABALU: The Court of Appeal here has commuted the death sentence of an Indonesian man to 20 years’ jail for causing the death of his wife.
Justice Dato’ Abdul Rahman Sebli, who sat together with Justices Datuk Kamardin Hashim and Datuk Wira Kamaludin Md Said, commuted Agus Suddin’s death sentence imposed by the High Court on June 5, 2017 to 20 years’ imprisonment.
The sentence was commuted under Section 304 (a) of the Penal Code, which provides for a jail term of up to 30 years and a fine, upon conviction.
The High Court judge had previously sentenced the 39-yearold appellant to death by hanging for killing his spouse.
The accused, represented by the Indonesian Consulate appointed counsel, Farazwin Haxdy, was found guilty of murdering his 42-year-old wife at an unpaved roadside near a workers quarters in Sook, Keningau on May 5, 2015.
The original charge under Section 302 of the Penal Code carries the mandatory death sentence.
Earlier, the counsel for the appellant had, among others, submitted that the trial judge had erred in law after failing to adequately consider the defence of grave and sudden provocation due to a sudden fight that occurred between the appellant and the victim.
The counsel also submitted that the trial judge had erred in law by taking into account that the appellant had pre-meditated the murder when in actual fact the appellant had no intention to kill the victim.
In reply, deputy public prosecutor Ahmad Sazilee Abdul Khairi for the respondent, contended that there was no evidence of provocation adduced that could have led the appellant to lose his self-control.
He argued that it was not sufficient provocation on the appellant as there was no evidence to show that the victim had done something other than talking with a man, whom the appellant saw in a room.