Culpable homicide: Dec 3 hearing on Saddam’s appeal

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KOTA KINABALU: The High Court here fixed December 3 this year to hear the prosecution’s appeal against a local lorry driver, who was convicted and sentenced to nine years’ jail for causing the death of a man at an entertainment outlet three years ago.

Justice Chew Soo Ho also set the same date to hear a cross-appeal by the defendant, Mohd Saddam Gapar, 25, against the Sessions Court’s decision.

At yesterday’s proceedings, Mohd Saddam’s counsel, Erveana Hj Ansari, informed the court that the date fixed for mention to review the arrest warrant against her client was yesterday.

Erveana prayed for the warrant of arrest issued against Mohd Saddam to be vacated as her client was present in court on his own accord.

On April 26 this year, Mohd Saddam was sentenced to nine years’ imprisonment after the lower court found him guilty of culpable homicide not amounting to murder of a 37-year-old local man at the ground floor of the Razz Ma Tazz at SB Tower along Km 2.5 of Jalan Tuaran on April 11, 2010.

Mohd Saddam was convicted under Section 304 (a) of the Penal Code which carries a maximum jail of 20 years and also liable to a fine upon conviction.

The subordinate court had granted him a stay of execution pending an appeal to the High Court here and extended his earlier bail pending disposal of his case.

Deputy public prosecutor Luke Ressa Balang acted for the appellant.

om Peninsular Malaysia and therefore there would be a high possibility for both accused to abscond.

 

Wong was absent in court here yesterday for the bail application.

On October 18 this year, the court had denied bail for all the three accused under Section 259 of the Criminal Procedure Code.