KOTA KINABALU: A Filipino was sentenced to death by the High Court here for killing his countryman six years ago.
Ismail Rasad, 47, was found guilty of murdering Md Adzmar Alex, 19, at an unnumbered house in Kampung Rampayan in Manggatal on May 1, 2016.
Both were IMM13 document holders.
In her decision, judge Datuk Nurchaya Arshad among others held that the accused failed to raise the insanity defence under Section 84 of the Penal Code and to raise a reasonable doubt against the charge.
Ismail was convicted under Section 302 of the Penal Code which carries the death sentence upon conviction.
He was initially sentenced to 25 years' jail by the High Court here on Dec 15, 2017, after the accused pleaded guilty to a reduced charge of manslaughter.
At that time the court ruled that the prosecution had failed to prove the essential ingredients of murder under Section 302 of the Penal Code but had successfully proven all ingredients of the charge on manslaughter under Section 304(a) of the Penal Code.
However, on Sept 24, 2019, the Court of Appeal here allowed the prosecution's appeal to have the accused called to enter his defence on his original charge of murder.
The accused was the sole defence witness.
Ismail was represented by counsels Ram Singh, Kimberly Ye and Chen Wen Jye.