TAWAU: A 31-year-old Filipino was yesterday sentenced to 15 years’ jail by the High Court here for culpable homicide not amounting to murder.
Judicial Commissioner Datuk Douglas Cristo Primus Sikayun meted out the sentence on Elvinhal bin Tahir who changed his plea to guilty midway through the trial to an alternative charge under Section 304(a) of the Penal Code which upon conviction provides imprisonment up to 30 years, and shall also be liable to a fine.
Elvinhal was charged with causing the death of Abdul Hakim @ Hakim bin Human, 37 on November 27, 2009 about 11pm at the fish drying yard, Kampung Titingan Block 2, Ice Box, Damai Road.
Sikayun also ordered the accused to be referred to the Immigration Department for deportation after serving his sentence.
According to the facts of the case, the accused found out that the victim had a secret affair with his wife Sitti Juhara Sahi. On the night of the incident, the victim was gambling using dominoes with three of his friends identified as Sarip Barik bin Sarip Ali, Melson bin Ahajul and Mat Husin bin Nasir. The victim’s 12-year-old son, Sabri bin Abd Hakim was also there accompanying him.
While they were gambling the accused suddenly appeared from behind the deceased and slashed him several times using a machete on the neck and behind before leaving the scene.
The next day at about 5.20pm, the accused was detained at a tyre shop at Mile 3.5, Apas Road after he failed to show any identification documents. He was sent to the temporary detention center for deportation but on December 1 he was detained.
During mitigation, the accused’s counsel, Hjh Rozainah Mohd Said, prayed for a lenient sentence as the accused was provoked by the victim.
She said the accused and his wife planned to migrate to Malaysia for good sometime in August 2009 after facing financial problems and difficulties in life. They were married for five years and have two children. Upon the request from the accused’s wife, he allowed her to leave three months earlier with her aunt and children.
When the accused arrived in Tawau, he found out that his wife was one-month pregnant and after several arguments, his wife admitted that she was having an affair with the victim and asked for a divorce.
She stayed with her relatives at Mile 8 Apas Road after that.
On the night of the incident, the accused was passing by the fish drying yard and saw the victim gambling, and approached him. He asked about the affair between the victim and his wife. The victim answered: “Iya. Aku sudah pakai bini mu. Kalau kau ndak puas hati kau cerai lah dia.” (Yes. I have used your wife. If you are not satisfied, you divorce her).
The accused was so angry and shameful to hear the answer that he took a machete on the table next to the victim and slashed him.
Deputy Public Prosecutor Shukor Abu Bakar in mitigation prayed that a deterrent sentence be passed as the fatal injuries inflicted by the accused were gruesome and the accused had no respect for law and order.
He said the accused had two previous convictions for drug possession and an immigration offence which showed he had no respect for the law of the country and seemed to have migrated from one crime to another.