KOTA KINABALU: A Filipino man was sentenced to a maximum of 40 years' imprisonment and 12 strokes of the rotan by the High Court here for murdering an e-hailing driver five years ago.
Judge Leonard David Shim meted out the sentence on Arsit Indanan, 24, after finding that the prosecution had proven the case beyond reasonable doubt.
Arsit, who is an undocumented migrant, was found guilty of murdering Mohammad Hanafiee Jaffar, 27, in a car between 4am and 5am on May 25, 2019, in Jalan Marabahai near here.
In sentencing Arsit, Shim said that the accused's defence was an afterthought and mere denial.
However, he also said that the court had taken into account the recent development of the law on the death penalty.
The offence under Section 302 of the Penal Code provided for a death sentence upon conviction. But the Abolition of Mandatory Death Penalty Act 2023 (Act 846) allowed the court's discretion to either impose a death sentence or imprisonment of between 30 and 40 years, in addition to no fewer than 12 strokes of the rotan.
In mitigation, lawyer Muhamad Amirul Amin told the court that Arsit was a first-time offender and he was suffering from mental health issues.
Earlier, the prosecution comprising deputy public prosecutors Rozana Abdul Hadi, Azreen Yas Mohamad Ramli and Siti Hajar Mazlan, had asked for the death penalty due to the violent nature of the case.
They highlighted the brutality of the murder, whereby the victim's neck was dislocated besides his body being found with stab and slash wounds. The accused also tried to dispose of the body and car at two locations.
Hanafiee's body was found a few days after his murder, where it had begun to decompose. The post-mortem report also stated that the body had been partially eaten by animals.
"An innocent soul was lost during Ramadan of 2019. The deceased, that fateful morning, was only looking for extra income. Little did he know the ride he gave that morning was going to be his last.
"No parents should ever have to endure the pain of burying their child. No one can ever imagine the traumatic impact faced by the family in losing a young son and beloved one, especially in such a tragic and untimely death," said the prosecution.
The prosecution had called 23 witnesses since the trial commenced on May 8 last year. Arsit was the sole witness in his own defence.
Previously, he was jointly charged with his friend Amru Al Asy Japri, 27. However, on Jan 31 last year, Amru was given a discharge not amounting to an acquittal by the same court.