Kota Kinabalu: A Filipino cook was sentenced to 35 years’ jail and 15 strokes of the cane by the High Court here for murdering his Filipina wife three years ago.
Judge Datuk Celestina Stuel Galid imposed the sentence on Arip Muktar, 31, after he pleaded guilty to murdering Belnita Abd Salleh between 5am and 8.30am on April 18, 2023, at a restaurant workers’ quarters in Jalan Pantai here.
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The charge under Section 302 of the Penal Code carries the death penalty or imprisonment of between 30 and 40 years and, where the death penalty is not imposed, a minimum of 12 strokes of the cane for male offenders below the age of 50.
The court ordered Arip to serve the sentence from the date of his arrest.
Deputy Public Prosecutor Dana A. Wazani told the court that Arip and Belnita, who were husband and wife, were living together at the workers’ quarters.
At about 5am on the day of the incident, a fellow worker heard a woman screaming but did not investigate after learning the couple were arguing inside their room.
At about 8.30am, Arip, whose face and clothes were stained with blood, told two female co-workers that he had fought with his wife and instructed them to return to Pulau Gaya so they would not become involved with the police.
The frightened women contacted their employer, who later sent two workers to inspect the room before notifying the police and an ambulance.
Police officers who arrived at the quarters found Belnita lying partially clothed, while Arip was found nearby with a neck injury.
Belnita was pronounced dead at the scene, and Arip was taken to Queen Elizabeth Hospital for treatment.
A post-mortem examination found that Belnita died from asphyxia caused by compression to the neck.
The pathologist also found injuries consistent with blunt force trauma on the victim’s body, although these were not the cause of death.
In mitigation, defence counsel Mohd Al Hafidz Mohd Lokman urged the court to impose a custodial sentence instead of the death penalty, submitting that Arip was a first-time offender who had shown genuine remorse and accepted full responsibility for his actions.
The defence said Arip had cooperated fully throughout the investigation and voluntarily pleaded guilty at the earliest opportunity, saving judicial time and sparing witnesses and family members from reliving the traumatic incident during a full trial.
Counsel further submitted that Arip, who previously worked as a cook, had reflected on his actions while in custody, demonstrated genuine prospects of rehabilitation and should not be judged solely by the worst act of his life.
The prosecution, however, argued that the offence involved a grave breach of trust as the victim was Arip’s wife and had been killed in the privacy of their shared living quarters, where she was particularly vulnerable.
Dana further submitted that the victim was pregnant at the time, making the offence more serious as it claimed not only her life but also that of her unborn child.
She urged the court to impose a sentence above the statutory minimum, saying it would reflect the gravity of the offence, serve as a deterrent against domestic violence and send a clear message that personal grievances or emotional distress could never justify taking another person’s life.