Published on: Wednesday, March 17, 2010 |
Kota Kinabalu: Two brothers were sentenced to 19 years' jail each by the Sessions Court Tuesday for causing the death of a local in Putatan three years ago.
Harwan Adris, 35, and Hairul Adris, 31, were found guilty of culpable homicide not amounting to the murder of one Khairul Nizam @ Ray Wasli, 23, at 6.20pm on Dec 24, 2007 at Kampung Ulu, Putatan, in Penampang.
They were jointly charged together with another accused, Sepra @ Sapri Abd Rahman, under Section 304(a), which carries a jail term of up to 30 years and a fine.
Sepra, a bus conductor, was on Feb 8 this year sentenced to 18 years' jail after he pleaded guilty in the middle of the hearing.
Judge Ismail Brahim ruled that the prosecution had proved its case against the brothers beyond reasonable doubt and ordered Harwan and Hairul to serve their sentence from the date of their arrest on Dec 25, 2007.
They had, on Jan 7, 2008, claimed trial to the charge against them.
The brothers, who were not represented, applied for a lenient sentence, saying they came from a poor family and that their mother was sick and needed their care.
They also said they were remorseful and promised not to commit any crime in future.
However, Deputy Public Prosecutor Nartiah Fiona Mirchelle Sambatan urged the court to impose an appropriate sentence, saying public interest should be given consideration and that the crime committed by them had caused the death of a man.
The prosecution had called 18 witnesses to the hearing which began Nov 12, 2009.
The duo were on March 3 this year ordered to enter their defence and four witnesses were called, including the brothers and Sepra.
Meanwhile, according to Nartiah, prior to the incident, one Mohd Harmas Abdul Kahar, 27, and two friends, one Achmad Nazrie Wasli and Khairul, were travelling home in a Perodua Kancil.
Harmas, who was driving the car, stopped the vehicle on the way as three men, namely Sepra, Harwan and Hairul, wanted to hitch a ride.
One of the trio claimed Khairul and Achmad had once beaten his sibling and Kahirul was set upon by the trio inside the car.
Harwan and Hairul dragged Khairul out from the car and beat him repeatedly on his body and head.
Kahirul was sent to the Queen Elizabeth Hospital after Harmas and Achmad had brought him home but he fell into a coma and died at 1pm on Dec 12, 2007 due to head injures as a consequence of blunt force trauma.
