"Leher Dijerut Beberapa Kali Sebelum Ditanam"

[soybean]

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[soybean]

Long jail terms for Filipino trio who killed cabbie​

BY SURAINI ANDOKONG ON APRIL 10, 2013, WEDNESDAY AT 10:13 AMCOURT

The accused persons, covering their faces, being led away by police personnel after sentencing yesterday.




KOTA KINABALU: The High Court here yesterday sentenced three young Filipinos to lengthy jail sentences and whippings for a joint charge of causing the death of a local taxi driver while robbing him on his birthday last year.

Judge Chew Soo Ho imposed the sentence on Nikli Felix @ Mohd Shamsudin Faizal, 19, Mazlan Anong, 21, and Bonjovi Mahmud, 18, after they pleaded guilty to a charge under Section 396 of the Penal Code.

The indictment carries the death sentence or a jail term of up to 30 years and also liable to whipping.

The charge stated that the three accused caused the death of the 43-year-old taxi driver while robbing him of his car, two cellphones, RM202 in cash and a thumb drive by the roadside in Jalan Padas Valley, Beaufort on March 14, 2012.

Chew sentenced Nikli and Mazlan to 18 years’ jail and six strokes of the cane each while Bonjovi received 15 years’ imprisonment plus three strokes.

In passing the sentence, the judge held that Nikli had used a knife to threaten the victim, Mazlan punched and kicked the victim.

As for Bonjovi, even though no force was used by him, it was a gang robbery offence and the sentence is what is provided under the law, Chew ruled.

The facts of the case stated that the three accused persons with another accomplice had taken a taxi driven by the victim at Sipitang town to go to Padas Valley in Beaufort.

Somewhere at Padas Valley, the victim was instructed by Nikli to stop the car at the roadside and as the victim got off the car to take out their bags from the boot, Nikli suddenly grabbed the victim from behind and pointed a knife to his throat.

Their accomplice then tied the victim and punched him many times, Mazlan also punched and kicked the victim and took the cash from the victim’s wallet.

Nikli then drove the car from Padas Valley to Kuala Penyu with their accomplice wrapping the seat belt around the victim’s neck to prevent him from shouting for help. Thirty minutes later after crossing a bridge at Kota Klias in Beaufort, their accomplice noticed the victim was motionless and after a check they found he had no pulse.

They then brought the victim’s body to an estate somewhere in Kuala Penyu and put it in the car’s trunk and drove to a bushy area near a beach and buried him there. The colour of the taxi’s roof was also changed to black and they kept using the taxi until they were arrested the following day.

The post-mortem report showed that the victim died from asphyxia due to or as a consequence of the compression of the neck.

In mitigation, Nikli’s counsel, Watti Jinius, submitted that his client did not have any intention to kill the victim. He said Nikli had put a knife on the victim’s throat only to threaten him not to kill, adding that Nikli had cooperated well with the police personnel throughout the investigation.

Meanwhile, counsel for Mazlan, Datuk Norbert Chin, said his client was responsible for taking the cash and had apologised to the victim’s family for what he had done.

Counsel Loretto Padua Sipin Jr, for Bonjovi, submitted that his client is pleading for a light sentence as he had no intention of killing the victim and the reason why they buried the victim was because they were afraid and panicky.

In response, Senior Federal Counsel Jamil Aripin submitted that this was a serious offence as it involved gang robbery with murder, which is an offence that carries the capital punishment of death or a jail term of up to 30 years.

He also said that the three accused persons are Filipinos with no valid travel documents but claiming to have been born in Sabah.

“The provision under Section 396 was initially for 20 years’ jail but had been increased to 30 years’ imprisonment in 2007 to reflect the seriousness of the offence,” he pointed out.

Jamil submitted that their participation had resulted in the death of an innocent man and it was a pre-meditated crime.

“Looking into the post-mortem report of the victim, it showed that they committed the crime with no mercy, likewise they should not deserve any mercy from this court.

Meanwhile, the wife of the victim, who was present in court, told the court that she felt very angry with the accused persons as she had lost her only source of income to care for her children who are still schooling. She could not bear the sorrow of seeing her children asking for their father every single night as her husband was a loving person and so close with their children.

She said that they had been waiting for the victim on the day of the incident as it was his birthday but he did not return home. She recalled that her husband had promised to come back early to celebrate his birthday at home but it ended up that he was killed on that fateful day.

Meanwhile, co-accused Joy Felix, 21, will stand trial on May 22 this year for murdering the victim while robbing him at the same time and place. He was represented by counsel Nelson W. Angang.

Deputy public prosecutor Nartiah F. Mirchelle Sambatan assisted Jamil in the proceedings.

On April 5 this year, the prosecution had informed the court that they were withdrawing the alternative charge under Section 395 of the Penal Code, punishable under Section 397 of the same Code for armed robbery. The alternative charge had been offered to only three of the accused, namely Nikli, Mazlan and Bonjovi on April 3 this year after their representations to the deputy public prosecutor’s (DPP) office were granted while Joy was to stand trial on the principal charge.

However, on April 5 this year, the prosecution informed that new instruction had been received from their superiors to continue with the trial for all the accused persons on their joint charge.

On June 27, 2012, the High Court here had reverted the case to the Magistrate’s Court in Beaufort.

The judge remitted the case back to the lower court after being informed by DPP that the case had been transferred to the High Court without consent from the DPP’s office under Section 177E of the Criminal Procedure Code.

On April 17, 2012 the Magistrate’s Court in Beaufort transferred the case back to the High Court here at the request of the prosecution, who informed that they had received instruction from the DPP’s office to transfer the case.

This case was first brought to the court on March 30, 2012.

 

[Lobey]

bonjovi pun kene.

 

[ViperX]

bonjovi pun kene.

keras hati encik mahmud bagi nama anak dia bonjovi....

 

[nokia3210]

keras hati encik mahmud bagi nama anak dia bonjovi....

20 tahun lepas,bonjovi ngah ngetop..
ayah dia sah2 peminat tegar..mujur tak buh nama ayun mat din