Kota Kinabalu: It’s a heart-breaking sight: the parents who lost their daughter two years ago had to see their 28-year-old son sent to prison for 12 years for causing the death of the sister.
High Court Judge Datuk Duncan Sikodol handed the jail sentence to Arden Mattson Maturin after he pleaded guilty to an alternative charge of manslaughter against him, Monday.
Arden, who was supposed to stand trial on Monday, made the plea when the prosecution informed the court that there was development of the case in which the representation letter was accepted and offered Arden with the alternative charge.
The former State rugby player initially faced a murder charge, under Section 302 of the Penal Code, which carries the death penalty or imprisonment of not less than 30 years and not more than 40 years, along with not less than 12 strokes of the cane for male offenders below the age of 50, on conviction.
Arden had committed culpable homicide not amounting to murder of Audrey Maturin, 25, on May 4, 2023, between 3.30pm and 4.30pm at their family home in Taman Prestij.
The alternative charge falls under Section 304(a) of the Penal Code provides for a jail term of up to 30 years, on conviction.
The court ordered Arden to serve the jail sentence from the date of his arrest on May 4, 2023.
Before the court meted out the sentence, the court said in passing appropriate sentence, the court must consider not only the seriousness of the offence, but also the surrounding circumstances and the offender’s personal background. The murder, though tragic, occurred in the heat of the moment, driven by rage.
The court said the accused is still young, and before this incident has shown promise with the potential to represent the State in rugby.
The court further said that Arden has no prior record, expressed remorse and that incarceration would only deepen the suffering already borne by his family, especially his ageing parents who have lost one child and may now be deprived of another. A custodial sentence is nonetheless warranted to reflect the sanctity of life and the public interest.
“However, given the mitigating factors, I have the view that the sentence of 12 years’ imprisonment from the date of arrest, strikes the necessary balance between punishment and compassion. It reflects the gravity of the act while acknowledging the tragic familial context in which it occurred,” the court said.
During mitigation, counsel Edward Paul who together with counsel Bartholomew Jinggulam, representing Arden, requested for 10 years’ jail only to be imposed on Arden saying that it was his first offence.
Edward told the court that Arden was remorseful on his action and this was shown by his guilty plea to the alternative charge, which saved the court’s time.
Edward said there was no premeditation or weapon used during the incident as Arden had only punched the victim, adding that Arden and the sister got into the fight due to a signage.
In reply, Deputy Public Prosecutor Dacia Jane Romanus emphasised that the sentence to be imposed in this case must serve as a clear message – domestic violence has consequences.
The accused’s youth and clean record may warrant measured consideration, but not at the expense of public interest, deterrence, and above all, justice for the deceased.
She submitted that the court must consider the nature and extent of injuries sustained by victim, as well as the manner of commission of the crime.
“Based on the findings of the forensic pathologist, the deceased suffered multiple injuries to her head, neck and chest. This shows that the deceased was brutally injured and sustained a tremendous amount of pain before her passing.
“Secondly, the court must consider the vulnerability of the deceased. The deceased was the accused’s own younger sister. In every household, an older brother is looked up to as figure of strength, guidance and protection.
However, in this case, such role was shattered in a moment of rage and this breach of trust deepens the gravity of the crime. The accused’s youth may explain some things, but it does not take away the fact that the life of an innocent young woman, full of potential, and years yet live, has been taken away.
“Even in the heat of uncontrolled rage, the law demands accountability. The fact that the offence was committed in a moment of anger does not excuse nor soften the criminality of the act. The court must ensure that such a moment incurs its due price, reinforcing that no one is above the law.
“This is not a case of strangers, nor a faceless crime committed in isolation. It is a tragedy of a home, one that has lost a daughter to death, and a son to guilt. The prosecution, with great sensitivity, acknowledges the family’s unspeakable emotional burden.
“However, the tragic nature of this case should not lead to an outcome where no meaningful corrective action is taken. In the circumstances of this case, a custodial sentence is not only justified, but it is very much necessary. The genuine rehabilitative function of a custodial sentence is required especially for the accused in our present case,” she submitted.
When the father was given an opportunity to say something in court before sentencing, he told the court that he respectfully appeal to the court for leniency as he believes what happened was never Arden’s intention.
He told the court that his eldest son Arden had changed significantly during the Covid-19 pandemic.
“Arden had dreamt of representing Malaysia in rugby and was selected for centralised training in Sandakan, planned for a year, but cut short to six months due to the pandemic.
“Upon returning to Kota Kinabalu, he was placed under quarantine for almost a month.
“After that, we could see his frustration. He spent most of his time alone in his room, and became very down.
“I spoke to him and he told me that all his wanted was to continue his training and play for Malaysia,” he added, noting that his son was deeply affected by the incident.
The court heard that the incident happened on May 4, 2023 when their parents and youngest sibling left the house, leaving Arden and his younger sister (the deceased) at the house.
The deceased was in her bedroom while Arden was smoking outside the house when their parents and youngest sibling left. After the parents and youngest sibling left the house, the deceased wrote on a piece of paper directed at Arden, and the paper was pasted on the door of their store room which then resulted in a fight between the deceased and Arden.
During the incident, Arden landed multiple blows on the deceased’s face, neck and chest. Their neighbour heard shouting coming from the house.
One of the neighbours saw Arden leaving the house in panic at about 4.50pm. The parents and youngest sibling returned to their home the same day. The mother later found the deceased unconscious and lying in a pool of blood in their living room, prompting the parents sent her to the Emergency Unit of Queen Elizabeth II Hospital.
The doctor confirmed that the deceased showed “no signs of life” and proceeded to performing resuscitation procedures.
The doctor confirmed that the deceased’s injuries as “severe traumatic brain injury with haemorrhage shock and multiple facial bone fractures”. She was pronounced dead two days later on May 6, 2023 at 10.30pm.
Following a police report, Arden was arrested the same day at 8.15pm and both his fists were swollen, to the point that the rings on his fingers got stuck. The fire department was called to cut the rings.
A post-mortem report revealed that there were 24 types of external injuries on the deceased’s body and there was also patterned bruises on the right cheek of the deceased, caused by the impact of a blunt object that left an imprint resembling the surface configuration of that object.
It was confirmed that based on the overall injuries sustained by the deceased, the cause of death was blunt force traumas to the head, neck and chest.
