Myanmar national to serve 32 years in prison, 12 strokes for murdering fellow countryman


IPOH: A Myanmar national has been sentenced to 32 years in prison and 12 strokes of the cane by the Ipoh High Court for the murder of his colleague three years ago.

Justice Abdul Wahab Mohamed delivered the decision after the accused Nai San Thein, 38, a fisherman, pleaded guilty to the offence on Wednesday (Dec 20).

Nai was charged under Section 302 of the Penal Code for murder and Section 307 of the same act for attempted murder.

After the charges were read out by an interpreter, Nai pleaded guilty and told the court that he understood the consequences of his plea.

Lawyer Ranjit Singh Sandhu, who represented Nai, requested for a minimal sentence as it was his client's first offence.

"At that time, my client, who worked as a fisherman, only earned RM60 a day. He has been working in Malaysia for three years and is married with a son, who is now 13 years old.

"The action taken by my client was after the victim provoked him by cursing his family.

"My client has saved the court’s time by pleading guilty and he is feeling remorseful for his action," he added.

According to the charge sheet, Nan was accused of murdering Myint Soe, also a Myanmar national, in a boat at a fishing platform in Bagan Parit, at the Sungai Sumun river banks in Bagan Datuk, between 11am to 11.45 am, on April 6, 2020.

He was then arrested on the same day.

Deputy public prosecutor Saifulakmal Mod Said requested the court to mete out heavy punishments.

"The accused is 38-years-old and has committed two serious offences," he added.

According to the facts of the case, Nai used a machete to kill the victim before throwing the body into the river.

Nai was also accused of trying to kill another at the scene but the man managed to escape.

Justice Abdul Wahab said the jail term will start from the date of arrest.

"After considering the mitigation, the accused is sentenced to 32 years in prison and 12 strokes for committing murder.

"Under Section 307, the court sentenced him to four years jail," he said.

Section 302 provides the death penalty or imprisonment for up to 40 years, and if not sentenced to death, shall be punished with a minimum of 12 strokes of the cane, upon conviction.

Section 307 provides imprisonment for up to 20 years and can be fined.

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