Kota Kinabalu: A security guard, was on Monday sentenced to a total of three years jail, fined RM3,000 and one stroke of the cane on three counts of damaging a car and assaulting two men two months ago.
Jubelee Iming, 45, who appeared before three separate magistrates, pleaded guilty to all the charges.
He was jailed one year by Magistrate Lovely Natasha Charles after he admitted to committing mischief by breaking the windshield of a car belonging to one Maxwelle Eduward, 37, resulting in a loss worth RM483 at 6.15am on Aug 20 at the gate of Wisma SIB Church, Jalan Saga here.
The charge under Section 427 of the Penal Code carries a jail term of between one year and five years or with fine or with both on conviction.
Jubelee was handed 12 months’ jail and ordered to be caned once after he pleaded guilty before Magistrate Jessica Ombou Kakayun to attacking Maxwelle with a 95cm long iron rod at the same place and time.
Jubelee received another 12 months’ jail and RM3,000 fine or two months’ jail after he pleaded guilty before Magistrate Stephanie Sherron Abbie to to assaulting a man one Agong Sakai, 72, with the same weapon at 6.45am on the same day at the parking of the said place.
The second and third charges for causing hurt with weapon framed under Section 324 of the Penal Code carries a jail term of up to 10 years or fine or whipping or with any two of such punishment, on conviction.
Jubelee was ordered to serve the jail sentence concurrently from Monday.
According to the facts of the case on the first two cases, prior to the incident, Maxwelle was on his way to work and asked Jubelee to open the gate but the latter refused to do so.
The complainant then reversed his car when Jubelee suddenly approached the car and hit the windshield of his car with an iron rod.
Jubelee then approached the complainant and hit him on his back with the same iron causing the complainant to suffer injuries and pain on the back of his body while his car windshield was broken, the court heard.
Investigations revealed that Jubelee had just worked as a security guard at the Wisma for two weeks and that the incident happened because Jubelee had accused the complainant of being a spy from Vietnam, said the prosecution.
When the complainant asked Jubelee to open the gate, Jubelee shouted at him to go back and hit his car windshield with the iron while he was reversing his car.
Jubelee also hit the complainant’s body when he got out of the car to take the items stored on the driver’s side door, said the prosecution.
Unrepresented, Jubelee requested leniency by saying that at that time he had worked for two nights in a row.
“I did not get enough sleep. At that time I was half conscious. Although my reason is not accepted by the court but such condition caused me not to recognise the people there,” said Jubelee in his mitigation before Lovely.
Jubelee said he has four school-going children and his wife works as a cleaner adding that he has high blood pressure, heart disease, high cholesterol and anxiety.
He also hoped for a lower fine by saying that they would work it out to pay the fine if they were fined.
Inspectors Kelvan Elson Maik, Albert Basiri and Suzie @ Stephanie Kupit prosecuted.
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