Murder: Plantation worker gets 30 years behind bars
SIBU: The High Court yesterday sentenced an Indonesian man to 30 years of imprisonment and 12 strokes of the cane after finding him guilty of murdering a fellow countryman in 2021.
Judge Wong Siong Tung passed the sentence against Salahuddin after considering the submissions of the deputy public prosecutor and defence counsel, the gravity to the offence committed by the accused, the circumstances and the necessity of a deterrence sentence in the interest of the public, and the facts of the case.
He ordered the sentence to commence from the date of his arrest on April 7, 2021.
Salahuddin was accused of murdering Mukhlis on April 7, 2021, around 6am, at the plantation workers’ quarters in Mukah.
The charge was framed under Section 302 of the Penal Code, which provides for a death penalty or imprisonment for up to 40 years, and if not sentenced to death, a minimum of 12 strokes of the cane, upon conviction.
In his ground of decision, Wong said he was satisfied that the testimonies by the prosecution witnesses were not disputed, and the court held that the prosecution had established a prima facie case against the accused.
Salahuddin, who gave evidence under oath during his defence call, claimed that the grave and sudden provocation by his coworker was the accusation the he and his descendants were using black magic on the co-worker.
“Upon careful consideration and analysis of the accused’s testimony in the trial, in the light including the accused’s ethnicity, religion and background, this court does not believe that such accusation was such that it had actually caused the accused into such heat of passion resulting in the loss of self-control and consequently, he attacked the deceased the way he did as he claimed,” Wong said.
In mitigation, Salahuddin’s defence counsel Ranbir Singh said the circumstances of the case showed that a lenient sentence of 30 years with 12 strokes of whipping was appropriate, especially if the accused was unlawfully and seriously beaten up when he had surrendered himself.
Deputy public prosecutor Mark Kenneth Netto, on the other hand, said the offence was sparked by a trivial misunderstanding between the accused and his fellow countryman, which caused the accused to take the law into his own hands.
He said the accused inflicted six sharp forces on the man, and the fatal wound was directed to the neck.
“The accused had not cooperated with the enforcement authorities since he did not turn himself in at the earliest opportunity. He, in fact, discarded his blood-stained clothing and fled the crime scene to evade capture,” he said.
He also said the accused posed a threat to the public at large if he were to be released after serving sentence since he had a quick temper and had shown to be capable of taking the law into his own hands.
Consul General of Republic of Indonesia in Kuching Raden Sigit Witjaksono was also present at the court to listen to the proceedings.