Filipino jailed two years over countryman's death

Kota Kinabalu: A 32-year-old Filipino who, on being provoked, caused grievous hurt to his fellow countryman until the latter died, was jailed two years by the Sessions Court on Thursday.Hajim Kamlan pleaded guilty to an alternative charge before Judge Indra Ayub to assaulting one Ulong, 40, on being provoked suddenly with the intention of causing bodily injury.

The offence took place at 6.15am on Dec 13, 2015 in front of a kongsi at the Bandar Minggo construction site in Beaufort.

He committed the offence under Section 335 of the Penal Code which provides for a jail term of up to four years, or a fine of up to RM4,000, or both, on conviction.

Hajim was originally charged under Section 304(a) of the Penal Code which carried a jail term of up to 30 years, and fine, and whipping, on conviction, with causing the death of Ulong at the same place and time.

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However, the prosecution decided to offer the alternative charge to Hajim.

The court ordered Hajim to serve the jail sentence from the date of his arrest on Dec 13, 2015.

Deputy Public Prosecutor Mohd Khairuddin Idris said on Dec 12, 2015, while Hajim was in his backyard, he saw Ulong, his twin brother one Nahu and his son Vikram, assault Hajim's brother Halim and a toddler with two machetes.

Ulong hurt Halim and the toddler with the weapons as a result of which the duo suffered injuries to their faces and were sent to the Beaufort Hospital the same day for treatment.

Khairuddin said after the incident, Hajim had contacted the police who thereafter came to the said place but Ulong, Nahu and Vikram fled the scene when they saw the police vehicle.

The following day, when Hajim went to the backyard to take a bath, the trio appeared in front of him and assaulted Hajim with machetes.

He shouted for help and his neighbour came over only to be also assaulted by the trio.

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Khairuddin said while they were assaulting the neighbour, Hajim grabbed a machete from one of them, slashed Ulong's head and back before leaving him in the said area. Investigation revealed that Ulong later died.

After completing his jail sentence, Hajim who was represented by counsel P. J Perira, was ordered referred to the Immigration Department.

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