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‘He stole groceries after killing defenceless housewife with iron pipe’

7th December, 2017

KOTA KINABALU: A Filipino who was sentenced to 20 years’ imprisonment for causing the death of 43-year-old woman last year pleaded for the court to send his wife and children back to his hometown.

In mitigation, Nesal Ayul, 30, who appeared before Sessions Court judge Azreena Aziz, told the court that he admitted the offence; however he is also concerned about his family who depended on him, therefore he wished that his family be sent to his father in the Philippines.

Earlier, the unrepresented accused, had pleaded guilty to causing the death of a Filipina, Jumdinah Dala, at the Jalan Kebun Sawit roadside, Jalan Belakang Rumah Murah Taman Muhibbah Beaufort on January 12 last year between 12.17pm to 2.38pm.

The offence framed under Section 304 (a) of the Penal Code carries a jail term up to 30 years and also liable to a fine.

Prior to the incident, the deceased told her husband that she wanted to go to the market to buy some groceries. On the same day at about 8am, the husband noticed a man who was later identified as Nesal, wandering around their housing area.

Further investigation found that Nesal had approached the deceased and asked for money, but she said that she had no money.

The accused then became angry and then hit the deceased with an iron pipe causing her to fall onto the ground. The accused dragged her to the nearby bushes and searched for money; after finding the deceased had no money, Nesal left the scene carrying the deceased’s groceries items.

The accused was tracked down the next day, where the police had detained him at his house and seized the groceries belonging to the deceased.

The deceased’s body was sent to Queen Elizebeth hospital where the outcome of the post-mortem found the cause of the victim’s death was due to a spinal cord injury where there was a bruising on the back of the victim’s neck resulting from blunt force trauma.

Deputy Public Prosecutor Husna Abdul Halim, urged for a heavy deterrent punishment in the form of a long custodial sentence to be imposed on the accused.

According to her, the accused had attacked a defenceless housewife who was on her way home from the grocery store.

Nesal’s action of hitting the deceased and leaving her to die in the bushes is very inhuman and that the deceased should not have died this way.

Not only that, the accused had also stolen the groceries.

Apart from that, the accused is a non-Malaysian and had been convicted under Section 6(1)(c) the Immigration Act 1959/1963 for being in this country without valid documentation.

The court ordered Nesal to run the custodial sentence from the date of conviction and to be referred to the Immigration Department for his biometrics data to be recorded before being deported. – NEDM

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