Murder: Death sentence stays for Filipino
Published on: Tuesday, March 19, 2024
By: Jo Ann Mool
The charge was framed under Section 302 of the Penal Code.
Kota Kinabalu: A 52-year-old paperless Filipino failed in his appeal against his death sentence for murdering his acquaintance in Lahad Datu six years ago.
A three-member bench comprising Justices Datuk Supang Lian, Datuk Collin Lawrence Sequerah and Datuk Wong Kian Kheong, unanimously dismissed the appeal by Robin Radjaini Saih @ Amjan Patta and affirmed the death sentence imposed on him by the High Court.
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Robin was on April 28, 2021 sentenced to death by the Tawau High Court after he was found guilty and convicted of murdering Fazrin Ibrahim, 30, with a machete on April 24, 2018, between 1.20pm and 1.40pm, at the entrance leading to Taman Warisan in Lahad Datu.
The charge was framed under Section 302 of the Penal Code.
Supang held that the court, after having perused the record of appeal, was satisfied beyond reasonable doubt that the High Court Judge had rightly convicted the appellant for murder under Section 302 of the Penal Code.
The conviction is affirmed, held the court.
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On the sentence, the court was of the view that it was an exceptional case that was the rarest of the rare, Supang held and maintained the death sentence imposed by the High Court.
The court in giving their reasons held briefly that Robin came of his own to Fazrin’s car and when he approached the car, he had concealed the machete underneath his cloth, evidencing his premeditated intention to murder Fazrin.
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The court held that Robin directed the fatal blow on Fazrin’s neck and the severe nature of injury was a 17cm slash wound across Fazrin’s neck showed great force had been used.
Robin went after Fazrin’s 12-year-old brother-in-law and struck him, severing his left fifth finger and this raised an irresistible inference that Robin did not want to leave any eye witnesses to the heinous crime, said the court, adding that there was no remorse shown by Robin.
The exceptional nature of the case warrants the death sentence be maintained, said Supang when dismissing Robin’s appeal.
Section 302 of the Penal Code carries a sentence of either the death penalty or imprisonment for not less than 30 years but not exceeding 40 years, and if not sentenced to death, shall be punished with whipping of not less than 12 strokes for male convicts below 50 years of age.
Robin was represented by counsel Darmin Achok while Deputy Public Prosecutor Sarulatha Paramavathar appeared for the prosecution as respondent.
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