Kota Kinabalu: An undocumented Indonesian man was sentenced to a total of seven months by the Magistrate’s Court here on two counts of assaulting and threatening to harm a transvestite, last week.
Self-employed Fadleyanshah Arshad, 38, pleaded guilty before Magistrate Marilyn Kelvin to committing both offences on Oct 2, at 11.30am, in a rented room, on the third floor of Block A, Asia City.
Fadleyanshah, on the first count, was jailed three months for causing voluntarily hurt to Mohd Saiful Kariman, 29.
On the second count, Fadleyanshah was handed four months’ jail for criminally intimidating the same complainant by threatening: Aku cam kau punya muka (I recognise your face) while pointing a knife at him.
The Magistrate ordered the imprisonment sentences to run concurrently.
The first charge under Section 323 of the Penal Code carries a jail term of up to one year or with a fine of up to RM2,000 or both on conviction, while the second charge under Section 506 of the Penal Code provides for a jail term of up to seven years or fine or both, on conviction.
Based on the facts of the case presented by the prosecution, the complainant was resting in his room after having breakfast when Fadleyanshah, along with a friend, stormed into the unlocked room and demanded that the complainant pay RM10 as protection money for conducting ‘mak nyah/transvestite’ activities in and around Asia City.
The complainant refused to pay the protection money to Fadleyanshah, who then took out a meat cleaver and hit the complainant’s head three times.
A witness at the scene then gave RM10 to Fadleyanshah to resolve the situation.
Fadleyanshah uttered: “Aku cam kau punya muka” while pointing a meat cleaver towards the complainant before leaving the scene, which caused fear to the complainant, said the prosecution, adding that Fadleyanshah was arrested by police the next day on Oct 3.
Unrepresented, Fadleyanshah requested a lenient sentence to run concurrently, adding that he wished to be sent home to Indonesia as his mother was unwell.
Inspector Alia Nuurlysa Adnan, prosecuting, requested a deterrent sentence, informing the court that Fadleyanshah is undocumented and had previously been charged in the Sessions Court for illegal entry.
She applied for him to be referred to the Immigration Department after serving his sentence, which the court granted.
In another case, a boat skipper was charged with operating an unregistered small boat without a valid small boat licence, five years ago.
Abdul Wahid Wahif, 61, pleaded not guilty to the offence allegedly committed on May 25, 2019, at 12.40am, at the waters of Kg Pondo, Gaya Island.
The charge under Section 8(2) of the Ports and Harbours Enactment 2002, provides for a fine of up to RM25,000 or a jail term of up to one year or both, on conviction.
Marilyn set Nov 11 for pre-trial case management and released the accused on a bail of RM1,300 in two sureties.
