KOTA KINABALU: The Appellate Court here yesterday affirmed the death sentence of a Filipino labourer for killing his colleague four years ago.
The three-panel Appellate Court chaired by Justice Tan Sri Idrus Harun, together with Justices Puan Sri Dato’ Zaleha Yusof and Dato’ Rhodzariah Bujang in a unanimous decision dismissed the appeal by Arjie Serenio, 30, citing there was no merit in the appeal.
On December 31, 2016, the High Court here sentenced the appellant to death by hanging after finding him guilty of murdering his workmate near a house at a construction site at Kampung Sunsuron in Tambunan on January 24, 2014.
The appellant, who hails from Padagian Zamboanga Del Sur, was convicted under Section 302 of the Penal Code which carries the capital punishment, upon conviction.
Earlier, counsel Hamid Ismail, for the appellant, questioned whether the phrase ‘fatal’ used by the respondent was sufficient in nature to cause death. Hamid argued that in the notes of proceedings, the phrase is absent and the respondent cannot infer based on photos or injuries as it must be based on evidence.
The counsel explained that in the appellant’s evidence, he testified that after he hit the deceased, he left him and the deceased was still alive then.
Hamid urged the court to allow the appeal and prayed for the death sentence to be substituted.
In reply, deputy public prosecutor Mohd Hamzah Ismail for the respondent, rebutted that there was no exact phrase used by the pathologist but the evidence showed that the injuries were sufficient to cause death.
Mohd Hamzah also submitted that the trial judge had correctly taken into consideration the evidence by the pathologist who testified that the injuries inflicted were fatal.