KOTA KINABALU: The trial of a Filipino youth who was charged with killing a local taxi driver in Beaufort, 15 months ago, started at the High Court here yesterday.
Joy Felix, 20, who appeared before Justice Chew Soo Ho allegedly murdered the 42-year-old man in Kampung Padas Valley, Beaufort at 10am on March 14, 2012.
The charge under Section 302 of the Penal Code carries a mandatory death sentence upon conviction.
Earlier, in his opening remarks, deputy public prosecutor Afzan Abd Kahar told the court that the prosecution would adduce evidence through Nikli Felix @ Mohd Shamsuddin Faizal, Mazlan Anong and Bonjovi Mahmud that they were together with the deceased and the accused on that day until the deceased was strangled by Joy.
She said on March 14, 2012, one Lee Yong Chong lodged a police report regarding his missing son-in-law (the deceased).
The complainant had reported that the deceased went out to work on his taxi bearing registration number SAA 1127 G but could not be contacted up to the time the report was made.
The police then initiated an investigation based on the report that was initially classified as a missing person report.
Before that on March 13, 2012, the accused masterminded a plan to steal a taxi in Sipitang town with Nikli, Mazlan and Bonjovi. On the next morning, they went to Sipitang Town to execute their plan. They brought along some weapons and managed to hire the taxi driven by the victim, asking the latter to send them to Beaufort.
Afzan said when the taxi reached the junction to Ladang Kelapa Sawit Padas Valley, Nikli asked the victim to take the junction and stop thereafter, saying they had reached their location.
The victim stopped the taxi and got off to unload their luggage from the boot, but Nikli suddenly brandished a knife, grabbed the victim by his neck and threatened him.
The accused used a rope to tie the victim’s hands and forced him to sit behind the driver’s seat while the accused and Mazlan punched the victim, and Mazlan took RM202 from the victim’s wallet.
While Nikli was driving the taxi to Beaufort, the victim cried for help and tried to retaliate, prompting the accused to use a seat belt to strangle him for almost half an hour.
Later, the accused found that the victim was no longer moving. He checked the victim’s pulse and found that he had died.
Afzan said Nikli then stopped the taxi to move the body into the car boot before burying it at Pantai Sawangan, and driving off.
Nikli and Mazlan were arrested in the victim’s taxi on March 15, 2012 in Sipitang.
Based on information given by the two, the accused and Bonjovi were later arrested and the victim’s body was discovered on March 17, 2012 with Mazlan’s information.
The pathologist who conducted a post-mortem on the body confirmed the cause of death to be asphyxia.
Afzan said the prosecution would adduce direct and circumstantial evidence to prove that the deceased had died and his death was caused by the accused by way of strangulation. The injuries caused were sufficient in the ordinary course of nature to cause death.
On April 9 this year, Nikli and Mazlan were sentenced to 18 years’ jail and six strokes of the cane while Bonjovi was jailed for 15 years and ordered to be whipped thrice after they pleaded guilty to their joint charge of robbing him.
The offence was framed under Section 396 of the Penal Code, read together with Section 34 of the same code which is punishable by the death sentence or a jail term of up to 30 years and also liable to whipping, upon conviction.