SIBU: A Chinese national has been sentenced to five years' jail for causing the death of Sabah State Courts director Marutin Pagan, 56, in an accident.
Sessions Court judge Rosli Ahmad ordered on Tuesday (June 10) that Sun Xue Song, 42, was to serve the prison term from March 30, the date of his arrest.
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Sun was also fined RM20,000 in default three months' jail and disqualified from holding a driving licence for five years from April 7, the date he was charged.
Sun had initially entered a not guilty plea when the charge was first read to him by a court interpreter before Magistrate Romario Jonoi.
On May 16, he changed his plea to guilty during pre-trial case management before Magistrate Oon Kork Chern.
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Oon then recused himself from hearing the case further because of his acquaintance with the victim, and it was then scheduled for reassignment before Sessions judge Rosli.
According to the facts of the case, the engineer was accused of driving a sports utility vehicle dangerously, causing Marutin's death at the Kanowit roundabout near Sibu at around 1pm on March 30.
He was charged under Section 41(1) of the Road Transport Act 1987 for causing death by dangerous or reckless driving, which carries a maximum penalty of 10 years' imprisonment and a fine of up to RM50,000 upon conviction.
Sun's counsel Terrence Tiong said in mitigation that his client was a first-time offender with no previous convictions in Malaysia or his home country.
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He had also surrendered to the authorities and cooperated fully during the investigation, Tiong added.
Tiong said the accused had also taken steps to help the victim's family.
"Despite his limited financial means, he made a bereavement payment to the deceased’s wife, not in the hope of leniency or forgiveness, but out of compassion and a sense of moral duty," he said.
He contended that a long custodial sentence would also hurt Sun's innocent dependents, including his mother, 79, and his seven-year-old son, who is still in primary school and would be left without a means of support or a caregiver.
DPP Cynthia Emmelda Jerry urged the court to impose a deterrent sentence as the accused had caused emotional trauma to the victim's family.
She also said public interest had to be taken into consideration.
