KOTA KINABALU: The Magistrate’s Court here yesterday sentenced a local man to two years’ imprisonment and a fine of RM5,000, in default two months’ imprisonment for a traffic hit-and-run offence.
Magistrate Ryan Sangirann Rayner Jr also ordered Marvin Daniel Lubasah, 40, to pay compensation of RM5,000 to the victim’s family.
The accused was found guilty of driving recklessly along Jalan Maruntum-Tombovo, Penampang which caused the death of Madikol @ Modikol Yahing, 49, on Feb 22, 2012 at around 5.40pm.
The offence under Section 41 (1) of the Road Transport Act 1987 provides for two to ten years’ imprisonment, and a maximum fine of RM20,000, upon conviction.
In his judgment, Ryan ruled that the prosecution had proven its case against Marvin beyond reasonable doubt.
According to the facts of case, Marvin was driving a Nissan Frontier when he entered the opposing lane thus hitting the deceased, who was on a motorcycle.
The accused was believed to be avoiding an animal crossing the road. However Marvin fled the scene without reporting the incident to police.
The court granted the accused a stay of execution, pending an appeal to the High Court.
Marvin is currently on bail of RM5,000, with two local sureties.
Deputy public prosecutor Dominic Chew Ban Huat acted for the prosecution while Marvin was represented by counsel Batholomew Jingulam.