Serberry (second left) seen speaking with prison officers and counsel Simon Siah (second right).
KUCHING (Aug 25): An ex-timber camp worker convicted of murder escaped the gallows when the Court of Appeal allowed his appeal and commuted his sentence to 10 years in jail.
A three-member panel unanimously ruled that the murder charge against Serberry Selih Kaya, 32, under Section 302 of the Penal Code be reduced to committing culpable homicide not amounting to murder, framed under Section 304(b) of the Penal Code.
Section 304(b) of the Penal Code provides for imprisonment for a term which may extend to 10 years or with fine or with both, upon conviction.
The Court of Appeal judges comprised Datuk Azizah Nawawi, Datuk Vazeer Alam Mydin Meera and Datuk See Mee Chun.
The decision was made after the court found that the appellant had no intention of killing the victim and the charge under Section 302 of the Penal Code could not be fulfilled because the intention was not proven.
The appellate court also fixed Serberry’s jail sentence to run from the date of his arrest on July 4, 2014.
The appellant was previously charged with causing the death of Jara Jimbat at the corridor of their second-floor unit of a flat in Sibu Jaya between 12.30pm and 1.30pm on July 4, 2014.
Earlier news reports stated that Serberry turned himself in at the Sibu Jaya police station shortly after he murdered his 52-year-old wife out of jealousy.
Before the ill-fated incident, the accused grabbed his wife’s mobile phone in an attempt to check her communication which led to a fight.
It was also earlier reported that the victim collapsed at the corridor where she succumbed to serious injuries on her neck.
The couple was married in 2012 and they have a three-year-old son.
The case was handled by deputy public prosecutor Fairuz Johari while the appellant was represented by counsel Simon Siah.