KOTA KINABALU (March 7): A cleaner escaped the gallows after the High Court here on Monday amended his murder charge to a lesser charge of committing culpable homicide not amounting to murder his wife four years ago.
Justice Amelati Parnell made the decision on Sitimon Eging, 58, after she ruled that the prosecution had failed to establish a prima facie case on the original charge under Section 302 of the Penal Code.
The indictment provides for the capital punishment, upon conviction.
The amended charge was read against the accused and he had pleaded guilty to causing the death of his spouse aged 67 at an unnumbered house at Kampung Kopungit here between 1.30am and 7.26pm on August 29, 2018.
The offence was under Section 304(a) of the Penal Code which provides for a jail term of up to 30 years and a fine, upon conviction.
The court fixed March 15 for the accused’s mitigation.
Throughout the prosecution’s stage, they had produced 13 witnesses to testify against the accused, who was represented by counsel Shahlan Jufri and Mohd Luqman Syazwan Zabidi.
In the meantime, the accused will be further detained in custody, pending disposal of the case.
This case was first brought to court on September 13, 2018.