Murder of e-hailing driver: Filipino gets 40 years, cane
Published on: Tuesday, April 30, 2024
By: Jo Ann Mool
Arsit was found guilty of murdering one Mohammad Hanafiee Jaffar, 27, inside a Proton Saga FLX between 4am and 5am on May 25, 2019 at the roadside of Jalan Marabahai, Tuaran.
Kota Kinabalu: A 24-year-old paperless Filipino was sentenced to 40 years’ jail and 12 strokes of the cane by the High Court here after being found guilty of murdering a Grab driver in Tuaran, five years ago.
Judge Leonard David Shim meted out the sentence on Arsit Indanan, Monday, which was set for decision at the end of the defence case.
ADVERTISEMENT
Leonard held that the court found the defence was an afterthought and a bare denial, and that there was a lack of credible evidence.
“From the totality of the evidence adduced, the court finds that the accused fails to raise reasonable doubt for murder, thus the prosecution has proven their case beyond reasonable doubt.
“Having considered the aggravating and mitigating factors, especially the public interest and having regard to the recent development of the law on the death penalty and the sentencing trend by the Appellate Courts, the court sentenced the accused to 40 years’ imprisonment from the date of his arrest and 12 strokes of the cane,” ruled Leonard.
Arsit was found guilty of murdering one Mohammad Hanafiee Jaffar, 27, inside a Proton Saga FLX between 4am and 5am on May 25, 2019 at the roadside of Jalan Marabahai, Tuaran.
ADVERTISEMENT
The charge was framed under Section 302 of the Penal Code, which carries the death penalty or not less than 30 years’ jail and not more than 40 years’ jail, and with no less than 12 strokes of whipping, on conviction.
Earlier, during mitigation, counsel Mohamad Amirul Amin, who stood in for Arsit’s assigned counsel Mohd Ari Nadzrah Abd Rahman, submitted, among others, that the case initially involved two accused but one of them had been withdrawn, and that Arsit was a first offender and he faced life pressure since he did not have valid documents.
ADVERTISEMENT
The prosecution applied for a death sentence to be imposed.
“The incident is not a regular or typical murder case. It is the first case in this country, in particular in Sabah, where a Grab driver was murdered while he was driving his customer to the assigned location.
“Due to this incident, the public was put in fear, especially for Grab drivers and it made them to be more careful in selecting passengers.
The incident caused the service provider to step up security to ensure the safety of their drivers.
“The brutality of the murder was so clear whereby the deceased’s neck was snapped and he was then stabbed and slashed,” said the prosecution.
“An innocent soul is lost during the holy month of Ramadan of 2019. The deceased, on that fateful morning, was only looking for extra income.
Little that he knew the ride he gave was going to be his last.
The incident happened between 4am and 5am and it was the time when Muslims performed sahur in preparing themselves to fast the next day.
Alas, the deceased was not able to do so because his life was taken away by no other but the accused.
“A family lost a son, a fiancé lost her beloved future husband.
To top it all, the fateful incident took place on the 20th day of the Holy Ramadan with only 10 days left for Muslims to celebrate a joyous celebration of Hari Raya.
No parents should ever have to endure the pain of burying their child.
“No one can ever imagine the traumatic impact faced by the family for losing a very young son and beloved one, especially in such a tragic and untimely death,” added the prosecution.
The prosecution submitted that the sentence passed should be a deterrent one so as to deter any future or would-be offenders.
“The sentence should portray and be seen by the public that the State is serious in combating crimes, especially a crime such as murder,” said the prosecution.
Arsit, who was the sole witness in his defence, denied his involvement in the murder and testified, among others, that he did not see the Grab driver murdered after he woke up from sleep in the car.
Arsit was initially jointly charged with a local, Amru Al Asy Japri, with committing the crime but the latter was on Jan 31, 2023 given a discharge not amounting to an acquittal (DNAA) of the charge and became the prosecution witness.
Deputy Public Prosecutors (DPP) Azreen Yas Mohamad Ramli, Rozana Abdul Hadi and Siti Hajar Mazlan appeared for the prosecution.
Stay up-to-date by following Daily Express’s Telegram channel.
Daily Express Malaysia
