KOTA KINABALU: A Filipino was jailed 46 years by the High Court here yesterday for causing the deaths of a husband and wife, two years ago.
Justice Datuk Nurchaya Arshad imposed the sentence on Kimhal Nujul, 21, after he pleaded guilty to two alternative charges framed under Section 304 (a) of the Penal Code, which provides for a jail term of up to 30 years and also liable to a fine, upon conviction.
In her decision, the judge held that the evil deed done by the accused could not be taken lightly as the accused’s goal of greed had completely disregarded the sanctity of another human being’s right to live.
“Your plea of guilty to the charges levelled against you have saved the court’s time but still your evil deed cannot be taken lightly. Therefore, I sentence you to 23 years’ imprisonment for each charge and both sentences to run concurrently,” she said.
The judge said the accused’s act in causing the death of the two deceased was callous and merciless where the accused had cruelly wasted two innocent lives without giving so much thought to their families and friends.
On the first count, the accused, who was defended by counsel Datu Baginda Datu Laja, had committed culpable homicide not amounting to the murder of 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 had committed a similar offence towards the wife, who was a clerk, aged 45 at the same time and place.
Deputy public prosecutor Dominic Chew told the court that on the day of the incident, the deceased’s friend, named Alice, was opening the office when two workers of the company approached her and told her that the deceased persons were badly ill.
Alice immediately went to the deceased’s room and saw them there lying lifeless. Alice then called the police.
On the same day, 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.
During investigation at the crime scene, the police found a hammer and a screw driver in a drain outside the company building, which were believed to have been used in causing the deaths of the deceased persons.
On the next day of the incident, post-mortem examinations on both of the deceased were done at a hospital here and it was revealed that there were external and internal injuries to the head of the deceased consistent with a blunt force which was fatal and had caused the deceased’s death.
A doctor also stated that there was no significant underlying natural disease which could contribute to the deceased’s death.
Based on information given, the police managed to locate and arrest the accused at a construction site at a village in Sipitang on November 17, 2013.
During further investigation, the accused gave information leading to the discovery of the clothes he (the accused) wore during the crime and a cellphone, which belonged to the deceased husband.
Investigation revealed that the accused had entered the deceased’s room in order to steal money from the male deceased while the latter was sleeping.
The deceased husband then woke up and saw the accused. The accused then hit the deceased’s head using the hammer. Later on, the deceased wife shouted when she encountered the accused, who had kept silent in the room, and the accused hit her with the same tool.
During mitigation, Datu Baginda told the court that his client, who is a youth, had pleaded guilty to the charges and has a sick mother residing in Tawau.
He said Kimhal, who had been orphaned since childhood, was remorseful and was more religious ever since.
Datu Baginda also said his client wanted to be jailed in Tawau so that his mother would be able to visit him.
In reply, Dominic urged the court to impose a deterrent sentence as the accused had committed a serious offence which had cost both the deceased persons’ lives and caused loss to the deceased persons’ families and loved ones.
He said the accused, who was at an age, able to discern between right and wrong, had brought a hammer where he certainly knew could seriously injure and kill a person.
Dominic also said the accused, who should have had self-control over his (the accused’s) actions and temperament, had used the hammer to injure the deceased persons which led to their deaths.
Previously, Kimhal was charged with two counts of murder of the same victims under Section 302 of the Penal Code, which provides for the mandatory death sentence, upon conviction.
The prosecution had called five witnesses since the trial commenced on June 29.