Filipino to serve life instead for manslaughter
Published on: Wednesday, February 19, 2020
By: Jo Ann Mool
KOTA KINABALU: A Filipino estate worker, who was sentenced to death for murdering his co-worker in Kinabatangan, escaped the gallows and was ordered to serve 18 years instead on a lesser charge of manslaughter.
Federal Court Justices Chief Justice Tan Sri Tengku Maimun Tuan Mat, Chief Justice of Malaya Tan Sri Azahar Mohamed, Datuk Seri Haji Mohd Zawawi Salleh, Dato’ Abang Iskandar Abang Hashim and Dato’ Zabariah Mohd Yusof on Tuesday allowed Yasir Esah’s appeal against his conviction and death sentence.
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“Having considered the evidence and the submission from parties, we find that the conviction of the appellant for murder is not safe but we are of the view that there is a case against him under Section 304 first limb,” held Tengku Maimun.
The court then substituted Yasir’s conviction to Section 304(a) of the Penal Code, which carries a jail term of up to 30 years on conviction.
The court heard from Yasir’s counsel Ken Yong, that Yasir, who came to the State with his family when he was around six or eight years old had been working at the estate for the whole of his life here and that he is married with one child.
Ken said Yasir’s life circumstances punished him enough and requested for the most lenient punishment possible be imposed.
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The prosecution suggested 25 years of jail sentence.
The apex court ordered Yasir to serve the jail term from the date of his arrest.
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Yasir, 27, was on Jan 27, 2017 sentenced to death by the Sandakan High Court after he was found guilty to murdering a woman one Bong Bong at 2pm on July 22, 2013 at Block 07F, Peringkat 3 in Amalina estate, Jalan Jeroco, Kinabatangan.
The charge under Section 302 of the Penal Code carries the death sentence on conviction.
His appeal to the Court of Appeal was rejected on March 6, 2018.
Earlier, Ken, submitted, among others that, the trial judge had erred in law and in fact in finding that the statement made by Yasir to a prosecution witness amounted to a confession – the trial judge had misdirected himself that the appellant had made a confession voluntarily when in fact there was no evidence by the prosecution that the appellant had done so the said witness.
Ken also submitted there had been no forensic evidence and weapon that could connect Yasir to the death of Bong Bong.Stay up-to-date by following Daily Express’s Telegram channel.
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Ken added that Yasir in his unsworn statement, confessed that he had hit her with his hand and left her there while she was still alive as he could hear her whispering and that Yasir did not said that he kill her.
The conclusion said Ken, was that, it was not safe to convict Yasir and applied the appeal be allowed.