SIBU: A Chinese national was jailed five years for causing the death of Sabah State Court director Marutin Pagan, 56, in an accident.
Sessions Court judge Rosli Ahmad ordered the sentence to take effect from Sun Xue Song’s date of arrest on March 30 this year.
Sun, 42, had pleaded guilty to the charge on May 16.
The judge also imposed a fine of RM20,000 in default of three months’ jail and ordered that the accused be disqualified from holding a driving licence for five years.
According to the facts of the case, Sun, an engineer, was accused of driving a sport utility vehicle dangerously and causing Marutin’s death at the Kanowit roundabout near Sibu at about 1pm on March 30.
The deceased was driving a car at that time.
The charge, under Section 41(1) of the Road Transport Act 1987, carries a maximum penalty of 10 years’ jail and a fine of up to RM50,000, upon conviction.
In mitigation, lawyer Terrence Tiong said Sun was a first-time offender with no previous convictions in Malaysia or China.
He said the accused voluntarily surrendered to the authorities after the incident and gave his full cooperation during the investigation.
“He showed from the outset a sincere sense of responsibility and expressed deep remorse and sorrow for the loss of life that occurred.
“It was never his intention to cause harm. It was a tragic accident, without any element of recklessness, intoxication or disregard for human life,” he said.
Tiong said the accused acknowledged the pain of the deceased’s family and took personal steps to assist them.
“Despite his limited financial means, he made a bereavement payment of RM70,000 to the deceased’s wife, not in hope of leniency or forgiveness, but purely out of compassion and a sense of moral duty,” he said.
Tiong told the court that a custodial sentence would devastate not only the accused but also his dependents, which included his mother, 79, and son, seven, who is still in primary school.
The counsel also said the spot of the mishap, Jalan Kanowit-Durin, was a known accident-prone area with multiple traffic incidents.
Deputy public prosecutor Cynthia Emmelda Jerry pressed for a deterrent sentence, saying the incident had caused immense emotional trauma to the victim’s family.
She urged the court to take public interest into consideration in the sentencing.
Prison time: Sun being escorted out of the court after receiving his sentence.
