Filipino gets 10 years for killing in self defence

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Kimal (centre) being led away by a policeman yesterday. Seen with them is DPP Wan Azwan.

KOTA KINABALU: A Filipino was sentenced yesterday to 10 years’ imprisonment by the Sessions Court here for killing a 45-year-old local man in self-defence.

Judge Duncan Sikodol meted out the sentence to Kimal Mohammad, 34, after he pleaded guilty to a charge of causing the death of Mohd Faizal Amillussin on April 9 this year at the Teluk Likas public park.

The charge of culpable homicide not amounting to murder under Section 304 (a) of the Penal Code carries a maximum jail sentence of 20 years and a fine on conviction.

In mitigation, Kimal told the court that he acted in self-defence when the deceased attacked him while demanding cash.

Kimal claimed that Faizal had hit him twice, and in retaliation he took a piece of wood and struck the deceased thrice on the head.

According to the facts of the case, Faizal’s body was found at the Teluk Likas beach with injuries on his forehead and brow.

The accused had hit the deceased near a tree and then dragged his body towards the beach, and left it there.

All of the deceased’s valuables were still intact when his body was found.

Deputy public prosecutor Wan Azwan Aiman Wan Fakhruddin had during the trial, urged the court to pass an appropriate sentence, saying the accused was sleeping in a hut at the Teluk Likas beach when the victim approached him.

Wan said the accused had given his full cooperation to the police during the investigation, going as far as to point out the scene of crime and the weapon he used.

The court also ordered Kimal to be referred to the Immigration Department after serving his sentence.