21st March, 2017
KOTA KINABALU: The Court of Appeal here affirmed the death sentence imposed on a Filipino for murdering a man.
The three judges, Datuk Lim Yee Lan, Dato’ Abdul Rahman Sebli and Puan Sri Dato’ Zaleha Yusof dismissed Norol Rojik Jun’s appeal against his conviction and sentence.
The court held that there was no merit in the appeal and that the conviction was safe.
On Feb 5, last year, the 36-year-old labourer was sentenced to death by the High Court after having found him guilty of murdering one Persie Santos Cayanong, 40, by slashing him mercilessly with a machete.
Norol had committed the offence on November 12, 2011 about 7.30am on the second floor of MDLD at Singahmata Road, Lahad Datu.
He was convicted under Section 302 of the Penal Code which provides for the mandatory death sentence.
Earlier, counsel Abdul Ghani Zelika among others, submitted that there was no intention to cause death but only to cause injury to the victim.
Deputy Public Prosecutor (DPP) Ahmad Sazilee Abdul Khairi rebutted that there were 23 injury marks on the victim’s body.
He said a slash of wound might be considered as having “no intention” but in this case the injuries were many and fatal.
Furthermore the accused used a machete as a weapon.
In a separate case, the same court also dismissed a man’s appeal against his sentence of 20 years’ imprisonment for causing the death of his wife by stomping on her stomach and damaging her liver.
The court made the decision on Mohd Asmil Abbas, 39, after finding no reason to disturb the High Court and Sessions Court’s decision.
Mohd Asmil was appealing against the High Court’s decision dated April 29, 2016 in affirming his 20-year jail term meted out by the Sessions Court.
The appellant was first convicted and sentenced on July 3, 2015 by the Sessions Court here, after he was found guilty of the offence.
Mohd Asmil had committed culpable homicide not amounting to the murder of his 26-year-old spouse, at a house in Kampung Somboi in Kinarut, Papar on September 1, 2013.
The indictment framed under Section 304(a) of the Penal Code is punishable with 30 years’ imprisonment and a fine, upon conviction.
Earlier, Mohd Asmil who was unrepresented by any lawyer asked for a lenient sentence saying that he was remorseful and wished for a chance to turn over a new leaf.
Deputy Public Prosecutor Tetralina Ahmed Fauzi however, argued that the sentence imposed on the accused was not excessive considering the facts of the case where the accused had punched, kicked and stomped on her stomach with no moral compunction and compassion and being so ruthless as to the cause death. – ECA