Death for local man instead of 16 yrs' jail
Published on: Thursday, November 27, 2014
.jpg "Death for local man instead of 16 yrs' jail")
KOTA KINABALU: A 48-year-old Dusun currently serving 16 years' jail for manslaughter saw his conviction overturned and sentenced to death for murder instead by the Federal Court, Wednesday.Chief Judge of Malaya Justice Tan Sri Zulkefli Ahmad Makinudin, who sat with Justices Tan Sri Suriyadi Halim Omar, Tan Sri Ahmad Haji Maarop, Tan Sri Haji Mohamed Apandi Ali and Datuk Ramly Haji Ali, unanimously allowed the prosecution's appeal against the reduction of the charge against Vetus Juani from murder to manslaughter by the Tawau High Court.The High Court had, on July 8, 2011, reduced the charge against Vetus at the end of his defence for murder to the lesser charge of manslaughter and was sentenced to 16 years' jail.
ADVERTISEMENT
The prosecution's appeal against the decision was dismissed by the Court of Appeal on July 17, 2013.The apex court on Wednesday set aside the decision of the High Court and the Court of Appeal and substituted the finding of guilt and conviction under Section 304(a) of the Penal Code by the two lower courts with a conviction of murder under Section 302 of the Penal Code and sentenced Vetus to death."We found sufficient evidence to convict the respondent (Vetus) on the offence of murder. The prosecution has proven its case beyond reasonable doubt on the charge of murder and the respondent in his defence has not raised a reasonable doubt on the prosecution's case on the charge of murder," held Zulkefli. Vetus was accused of committing the offence on a Timorese local, Mansur Aramsa, 40, at 9.50pm on Oct 14, 2004 at LQ/Block 2A, Tong Len palm mill in Kunak.
ADVERTISEMENT
Vetus was a mechanic at the mill while Mansur was the head of security at the same mill.Earlier, Deputy Public Prosecutor Kwan Li Sa, in her appeal for a conviction on the original charge of murder, submitted, among others, that both the High Court and Court of Appeal went wrong when they ruled that there was a tussle between Vetus and Mansur in the incident and that the two courts gave too much mileage to the defence's version.
ADVERTISEMENT
Kwan also submitted that the two courts failed to rule that there was intention to kill.She said a prosecution witness testified that there was no struggle between Vetus and Mansur, which was corroborated by the evidence of another two prosecution witnesses who were in Mansur's house for rosary prayers prior to the incident.The medical evidence by a forensic pathologist further strengthened the fact that there were no other external injuries to indicate there was any sign of struggle apart from the gunshot wound to the neck.Kwan also said the shooting did not happen by way of accident and that it appeared to be intentional as Vetus came to Mansur's house with a bakakuk, pointed it at Mansur and shot him right away on the neck.Meanwhile, Vetus' assigned counsel Hamid Ismail appealed for the appeal be dismissed on the grounds that the trial judge had evaluated all evidence before he found the charge was not established beyond reasonable doubt and that Vetus had committed the offence under Section 304(a) of the Penal Code.Stay up-to-date by following Daily Express’s Telegram channel.
Daily Express Malaysia
