KOTA KINABALU: The trial of a Filipino who was charged with two counts of killing a couple two years ago, started at the High Court here, yesterday.
Kimhal Nujul, 23, who was brought before Justice Datuk Nurchaya Arshad, was charged under Section 302 of the Penal Code which carries the mandatory death sentence, upon conviction.
On the first count, the accused, who was defended by counsel Datu Baginda Datu Laja, was alleged to have murdered the 43-year-old husband in a room at a seafood company building along Jalan Bundusan in Penampang, between 12am and 7.30am on November 8, 2013.
On the second count, the accused was alleged to have murdered the wife aged 45 at the same time and place.
In his opening remark, deputy public prosecutor Dominic Chew told the court that the prosecution would call 24 witnesses to testify against the accused.
Dominic said on the day of the alleged murder, the Penampang District Police Headquarters (IPD Penampang) received a call from a woman who informed that her friends were unconscious at the crime scene and teams were then sent to the crime scene to investigate.
The prosecution explained that based on the information given, the police managed to locate the accused and arrested him (the accused) at a construction site at a village in Sipitang on November 17, 2013.
Dominic said upon police investigation, the accused gave information leading to the discovery of the clothes he (the accused) wore during the alleged crime and a cellphone, which belonged to one of the deceased persons.
He further explained that post-mortem examinations on both of the deceased revealed external and internal injuries to the head of the deceased consistent with blunt force which was fatal and had caused the deceased’s death.
Dominic said the prosecution would adduce scientific evidence and documentary evidence as well as oral evidence to establish its case against the accused.
Dominic also said the prosecution would prove through direct and circumstantial evidence that the death of both of the deceased had been caused by the injuries that had inflicted by the accused.
He added that the injuries caused were sufficient in the ordinary course of nature to cause death.
In a separate case, 19 men were sentenced to between three and four months’ jail or fined between RM1,800 and RM2,000, in default, four months’ jail for consuming syabu.
All of the accused, aged between 17 and 50, pleaded guilty before magistrate Mohd Faiz Omar to a charge under Section 15 (1)(a) of the Dangerous Drugs Act 1952 which is punishable with a maximum fine of RM5,000 or a jail term of up to two years, upon conviction.
The court also ordered some of the accused to be referred to the Immigration Department after serving their jail sentences for further action while others to be under police supervision for two years.