TAWAU: A Filipino single father was sentenced to two years in prison by the Tawau Sessions Court, Tuesday, after pleading guilty to abusing his seven-year-old son, causing physical injury to the victim, in October last year.
Sargalye Salasain, 29, who holds an IMM13 document, was also required to submit a good behaviour bond of RM2,000 with a local guarantor for two years.
The man was also ordered to complete 120 hours of community service within 12 months after his release from prison. The prison sentence will take effect from the date of arrest.
Sargalye, as the father of the victim, was sentenced by Judge Ahmad Faizadh Yahaya on charges of abuse that resulted in physical injury to the child at a house near Kampung Sungai Buaya, Batu 3 Jalan Apas, at around 10.45am on Oct 12, 2024.
Sargalye was charged under Section 31(1)(a) of the Child Act 2001 and could face a fine of up to RM50,000 or imprisonment of up to 10 years, or both, if convicted.
According to case facts, Sargalye reportedly scolded the victim, who was playing marbles, before hitting him with a belt, causing injuries to the child’s body.
The incident was witnessed by the wife of the victim’s uncle, who managed to record a video before a police report was made.
Deputy Public Prosecutor Shearil Aizad Murnizam conducted the prosecution, while the accused was represented by counsel Chen Wen Jye, on a pro bono basis.
Earlier, Wen Jye, in her mitigation plea, requested the court to impose a light sentence, considering the accused’s guilty plea, which saved the court’s time and avoided a lengthy trial.
She said the accused was a single father and the victim was his biological son, who lived with his mother and was now being cared for by the accused.
“The accused regrets his actions, as on the day of the incident, he only intended to punish his son for playing with sand due to his sensitive skin and eczema,” she said.
She added that this was the accused’s first offence and that he had fully cooperated with the police throughout the investigation.