TAWAU: A Filipino labourer has been sentenced to 33 years in jail and 12 strokes of the rotan by the High Court here on Thursday (Feb 15) after finding him guilty of causing the death of his 16-year-old friend in Semporna three years ago.
Judge Datuk Dr Lim Hock Leng handed the sentence to Albaris Alunyo Iran, 24 after the prosecution managed to prove the case beyond a reasonable doubt at the end of proceedings.
Lim, in his judgement, said Hassan Dorol died as a result of the injuries inflicted on him by the accused, and in inflicting the injuries on the deceased, the accused did so with the intention of causing harm that could cause death.
"There was direct eyewitness testimony who also sustained head injuries inflicted by the accused with a hammer... the accused's guilt can be inferred from his conduct post-attack when he fled with a hammer and a machete before he was apprehended by some villagers,” he said.
According to the charge framed under Section 302 of the Penal Code, Albaris was accused of killing Hassan in a house at Kampung Kuala Benang, Semporna, between 10.30am and 11am on Feb 26, 2021.
"He is young, and there is a prospect of rehabilitation, the court is mindful that the offence is one of grave magnitude and that public interest demands a sentence of imprisonment which goes beyond the minimum, given the young age of the deceased,” said Lim who ordered the sentence to commence from the day the accused was detained (Feb 26, 2021).
The prosecution was led by Deputy Public Prosecutor Hurman Hussain and Mohd Suhaimi Suriana, while Albaris was represented by Kusni Ambotuwo.
Eight prosecution witnesses and two defence witnesses were called throughout the proceedings of the case from November to December last year. – Bernama
