Death of in-law in fight: Man jailed 20 years
Published on: Thursday, June 23, 2016
Kota Kinabalu: A 35-year-old car painter, who caused the death of his brother-in-law in a fight during a montoku drinking session, was sent to prison for 20 years on Wednesday.Thien Tah Long was found guilty of committing the offence on one Clement Sho, 30, who was married to his older sister, between 10pm and 11pm on May 7, 2015 in a house at Mile 2½, Jalan Kionsom, in Inanam, here.Sessions Court Judge Ainul Shahrim Mohamed, in delivering her decision, ruled that the court found that the prosecution had proved its case beyond reasonable doubt.
ADVERTISEMENT
The court also dismissed Thien's application to stay the execution of the sentence pending an appeal to the High Court.Earlier, counsel Peter Jinu Allion, representing Thien, applied for a shorter custodial sentence on the grounds that he was a first offender and married with four young children who needed his support. Allion said from the facts related by both the prosecution and defence witnesses, it had been established that Thien and Clement together with their wives had consumed alcohol (montoku) for a few hours and were highly intoxicated before the offence.A quarrel broke out between Thien and Clement when both of them tried to separate their wives from fighting leading to a sudden fight between Thien and Clement which was not premeditated, Allion told the court.He also submitted that since the arrest, Thien had suffered mental anguish, anxiety and embarrassment due to the wide publicity on the case. Deputy Public Prosecutor Hafizah Zahida Abdullah urged the court to impose a deterrent sentence due to the seriousness of the offence.
ADVERTISEMENT
She said Thien was involved in a necessary fight and that although he had no intention to cause death to Clement, he did not show any mercy when he committed the offence.Stay up-to-date by following Daily Express’s Telegram channel.
Daily Express Malaysia
ADVERTISEMENT
Thien was found guilty after 15 prosecution and two defence witnesses testified. He was charged under Section 304(a) of the Penal Code which carries a jail term of up to 30 years and liability of a fine on conviction.
