SHAH ALAM: The effects of alcohol got the better of a 29-year-old Sabahan who violently attacked a VCD peddler four years ago.

Valiuan Mantok was sentenced by the High Court yesterday to six years' jail after he pleaded guilty to causing grievous hurt to Lim Chin Kok.

Valiuan was initially charged with murder.

He was with a group of friends drinking when Lim approached them to sell VCDs. A misunderstanding occurred and it led to a fight.

Valiuan was jointly charged with another, Dulamit Sulaiman, 35, in August 2004. Both were factory workers.
After 18 prosecution witnesses testified, judicial commissioner P. Nallini reduced Valiuan's charge to one of causing grievous hurt and Dulamit's charge to culpable homicide not amounting to murder.

She ordered them to enter their defence on the reduced charges.

Valiuan pleaded guilty yesterday and was sentenced, while Dulamit, who was represented by counsel Sreekant Pillai, asked for a week to consider his plea. Nallini fixed July 11 for mention.

In sentencing Valiuan, Nallini said: "Public interest in such cases is to eradicate or reduce violence resulting in death.

"Such incidents, which arise as a consequence of a quarrel, revenge or loss of temper have become rampant and present danger that is all pervasive."

"Therefore, the courts must reflect the revulsion with which such brutal and violent episodes are viewed by imposing sentences which are deterrent in nature, but which also fulfil the other twin purpose of sentencing, namely reformation and retribution," said Nallini.

She said a significant mitigating factor was that the deceased repeatedly provoked Valiuan and Dulamit, by using abusive language, followed them, demanded money and finally threw a glass bottle in their direction, resulting in injury to Dulamit.

"Valiuan's violent response, however, was not commensurate with the level of provocation by the victim. I have also taken into account that as consequence of this incident, a life has been lost unnecessarily."

She ordered Valiuan to serve his sentence from the date of his arrest on July 3, 2004.

Earlier in mitigation, counsel K. A. Ramu pleaded for leniency saying his client had learnt his lesson.

"At the time of the offence, he had applied to join the police force. But because of this incident he could not do so," he said.