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Kota Kinabalu: A contractor and his ex-wife were jailed 34 years by the High Court here for the murder of their domestic helper four years ago. The man was also ordered to receive 12 strokes of the cane.

Mohammad Ambree Yunos @ Unos, 44, and Etiqah Siti Noorashikeen Mohd Sulong, 37, were found guilty and convicted by Judge Datuk Dr Lim Hock Leng of murdering one Nur Afiyah Daeng Damin, 28, between Dec 8 and 11, 2021, at a unit in Amber Tower, Lido Avenue Condominium, Penampang.

Etiqah was spared the whipping due to her gender.

The court ordered the duo, who had been on court bail, to begin serving their sentences from the date of their conviction, Friday.

They were jointly charged under Section 302 of the Penal Code, read together with Section 34 of the same Code, which carries the death penalty or a prison term of no less than 30 years jail and not more than 40 years jail, along with no fewer than 12 strokes of the cane, on conviction.

Ambree appeared shocked, while Etiqah sobbed when the decision was announced.

Dr Lim said the court found the prosecution had proven its case against Ambree and Etiqah beyond  reasonable doubt.

He said that both raised a range of issues and defences in their attempts to implicate each other.

This included but not limited to the admissibility of mobile phone and video evidence, similar fact or bad character evidence, questions of motive and alibi, the statements given to the Investigating Officer concerning exhibits used to harm and cause injuries to the deceased, their conduct, the cause of death, the absence of a common intention, and so on.

Dr Lim also said there was no reasonable doubt raised by either accused. The Court also took into account public interest, the gravity of the offence, and need for a deterrent sentence, as well as the fact that both accused were first-time offenders.

“Although both defence counsel delivered impassioned mitigation pleas, the Court could not overlook the cruelty suffered by the deceased at the hands of the first and second accused, as highlighted by the prosecution.

“The Court takes into account the nature of the injuries and the manner in which they were inflicted over a period of time,” said Dr Lim.

Deputy Public Prosecutor (DPP) Dacia Jane Romanus urged the Court to impose the death penalty, arguing that the case fell within the category of the “rarest of the rare” due to the extreme brutality and prolonged cruelty.

She said the murder not only shocked the conscience of Sabahans but also the entire nation, and therefore warranted the full weight of the law.

She said the deceased, a young domestic worker, left her home and entered the house of Ambree and Etiqah to work honestly and to earn money during a global pandemic. 

“While others remained at home during the pandemic, the deceased endured prolonged suffering within her place of employment, which ultimately became a site of her tragic demise.

“She was subjected to daily torment, denied basic rights and robbed of her life, said DPP Dacia.

 “Videos and images recovered from the accuseds’ phone stand as disturbing documentation of her torment. It reveals the accused persons’ chilling intent to record and preserve the suffering of the deceased,” she said.

“The condition of the deceased’s body was so severely deteriorated that her husband was only able to identify her by the bangle she wore on her wrist.

“This was not a murder committed in a moment of rage or under provocation. It was a prolonged abuse. This murder was also not impulsive; it was cruel, intentional, and the injuries sustained by the deceased did not happen all at once. 

“They were inflicted over time, in a prolonged campaign of cruelty that speaks volumes on the intention of the accused persons to cause the death of the deceased,” said DPP Dacia.

DPP Dacia further submitted that should the Court decide against the death penalty, the usual sentence for deaths caused by prolonged abuse was 40 years in prison and 12 strokes of the cane.

Counsel Datuk Ram Singh, who represented Ambree, referred to the Abolishment of Mandatory Death Penalty Act 2023 and applied to the court to impose a 30-year prison sentence with four strokes of the cane.

He said Ambree, 44, was divorced, helped care for his three young children, was remorseful, and wished to apologise to the victim’s family.

Counsel Datuk Seri Rakhbir Singh, who represented Etiqah, said she had been divorced from Ambree since July 2024, had no prior convictions, suffered from mental health issues and was on multiple medications.

He added that she was caring for her three young children, twins aged six and a seven-year-old and was remorseful over the incident.

The trial commenced on June 24, 2024, with 17 witnesses, including two from the defence, called to testify. The duo pleaded not guilty to the charge on Nov 17, 2022 and were ordered to enter their defence on Oct 2, 2024.