KUALA LUMPUR: It was a tearful scene at the High Court today when two Chileans were sentenced to two years’ jail for causing the death of drug addict last year.
Judge Mohd Nazlan Mohd Ghazali meted out the sentence after the duo, Fernando Candia, 32, and Felipe Osiadacz, 28, pleaded guilty to the offence today.
Several foreigners, believed to the accused’s family members, could not hold back their tears when the accused stood in the dock pleading for a lenient sentence.
Felipe, in a blue shirt, said he was remorseful and stressed that he did not have any intention to cause harm to the victim.
“I would like to apologise to the family of the deceased. I am not a criminal and came here for a holiday,” he said.
His wife who sat behind him in the public gallery was seen trying to comfort the accused, an engineer.
Felipe’s friend Fernando, a chef, echoed the same sentiment and said this was the first time they had been charged with a criminal offence.
Counsel R. Alagendra, who represented the duo, said her clients wanted a second chance and would not return to Malaysia.
“They want to return to their home country,” she said.
Deputy Public Prosecutor Hafizza Sauni pressed for a deterrent sentence stating that the case involved public interest.
The duo were jointly charged with murdering Yusaini Ishak, 27, at a hotel lobby in Jalan Pudu near Dang Wangi between 5.30am and 6.20am on Aug 4 last year.
The offence carries a mandatory death sentence.
However, both of them changed their pleas and pleaded guilty when the prosecution offered an alternative charge of causing the death of Yusaini at the same place and time.
They were charged under Section 304(b) of the Penal Code which carries a jail term of up to 10 years or a fine, or both, upon conviction.
At least 10 prosecution witnesses have taken the stand so far, including a toxicologist who found traces of drugs in the urine and blood of the deceased.
According to facts of the case, police received an emergency call on Aug 4 from the hotel’s receptionist Lim Ah Fong.
A team of policemen who arrived at the scene found Fernando was putting his weight on the victim while Felipe was wandering near the crime scene.
Ah Fong in his statement to the court said the victim had demand money and blocked both accused from entering the elevator while beating Felipe with his shoe.