Thursday February 16, 2006
Jailed five years for killing student
BY CECIL FUNG AND LEE MEI NYEE
KUALA LUMPUR: It is five years' jail each for the five Thais who admitted to causing the death of law student Darren Kang Tien Hua.
High Court Justice Mohtarudin Baki ordered the sentence to run from the date of their arrest in July 2004.
Sulkifli Muso, 21, Wae Yusoh Wae Salae, 25, Abdun-loh Maming, 21, Abdul Torleh Yama, 26 and Masukri Che Mae, 26, appeared relieved after the sentencing.
On Tuesday, they pleaded guilty to a lesser charge of manslaughter by causing the death of the Sheffield University student in Desa Sri Hartamas between 3am and 4am on July 6, 2004.
Justice Mohtarudin stressed that as foreigners they should have shown respect for the laws of the country since they came here to make a better living.
“As restaurant workers, you should have adhered to the principle that 'the customer is always right',” he said adding that the court had taken Kang's behaviour into consideration in determining the sentence.
In mitigation, counsel Hazman Ahmad told the court that Kang was intoxicated that night.
He had hurled derogatory remarks on the accused and several other patrons of Warung Uncle Don with whom he had a fight, Hazman said.
Based on the chemistry report, he said, Kang had three times the amount of alcohol allowed in his blood under the Road Transport Act 1987 and had acted violently.
“The victim made the situation worse when he returned with his three friends and began scolding the accused and several patrons, using abusive words,” he said adding that the accused would like to apologise to Kang's family.
Senior Deputy Public Prosecutor B. Sarala Pillai contended that the accused admitted to the facts of the case, which made no mention of physical violence on Kang's part.
“In the final stages of the incident, the victim tried to run away but all the accused went after him,” she said adding that whether Kang was drunk could not be determined.
“They could have called the police instead but they did not.”
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