Death: Filipino siblings jailed
Published on: Thursday, June 13, 2024
By: Lagatah Toyos
The offence under Section 304 (b) of the Penal Code and read together with Section 34 of the same Code which provides for a jail term of up to 10 years, or fine, or both, on conviction.
TAWAU: Two Filipino siblings who caused the death of their estate supervisor over salary and rape incident claim against the supervisor, were jailed five years each by the High Court here on Wednesday.
High Court Judge Datuk Duncan Sikodol handed the sentence to Al Nasir Abdullah, 27, and his brother Al Dimal Abdullah, 22, after they admitted to the charge against them.
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After serving the jail sentences, the duo was ordered referred to the Immigration Department.
The siblings had caused the death of Mark Aquino Conahap between 6.3am and 6.55am on April 17, 2021 at an open space near the workers’ house in Ladang Kebun Jaya, Ulu Segama, Lahad Datu.
The offence under Section 304 (b) of the Penal Code and read together with Section 34 of the same Code which provides for a jail term of up to 10 years, or fine, or both, on conviction.
Earlier, counsel Philip Lee who represented Al Dimal, asked for the jail sentence to be served from the date of his arrest as Al Dimal was only considered as helping his brother who was earlier attacked by the victim during a fight.
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Lee submitted that the fight happened because the victim was suspected to have raped Al-Nasir’s wife but they did not lodge a police report because they did not have identification documents.
Counsel Kusni Ambutowo who represented Al- Nasir also asked for the sentence to be counted from the date of arrest.
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However, Deputy Public Prosecutor Hurman Hussain urged the court to impose a deterrent sentence even though there was an element of self-defence in the incident but the duo went to the victim’s house to utter accusations of rape while carrying a weapon and later resulted in the death of the victim.
He added that there was no proof that the rape incident happened and they went to the victim’s house over salary.
Based on the facts of the case, on the day of the incident, the duo and Al-Nasir’s wife shouted at the victim who was in his house, expressing their dissatisfaction with the salary given and Al Nasir.
They also accused the deceased of raping his wife with the trick of treating her with traditional medicine.
Al Nasir’s screams and accusations angered the deceased and verbal argument ensued before the victim came out from his house carrying a spear/spear and tried to attack Al Nasir but managed to avoid it.
Al Nasir then cut the hand of the deceased with the machete he was carrying and the deceased attacked him with a spear.
Al Dimal then also slashed the deceased with the machete he was carrying before the brothers fled after the victim fell to the ground.
On August 23, 2023, the brothers were charged under Section 302 of the Penal Code with murdering the victim but the charge was withdrawn after their representation letter was accepted and they admitted to the alternative charge against them.
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