By Dorcas Ting
KUCHING, Sept 24: An Indonesian sentenced to death for murder was instead sentenced to 18 years in jail after a five-men Federal Court bench unanimously substituted the murder charge to one of culpable homicide not amounting to murder.
Basri Takadir was sentenced to death for murdering an Indonesian, Erwing, in an unnumbered house at a sawmill in Bintulu, at about 9am on March 28, 2015 by the High Court. The same sentence was upheld by the Court of Appeal
He was charged under Section 302 of the Penal Code, which carries a mandatory death sentence. However, the Federal Court unanimously set aside his conviction under Section 302 of the Penal Code and substituted it with Section 304(a) of the Penal Code.
Justices Tan Sri Tengu Maimun Tuan Mat, Tan Sri Datuk Seri Panglima David Wong Dak Wah, Dato’ Rohana Yusuf, Tan Sri Idrus Harun, and Datuk Nallini Pathmanathan sentenced the appellant to an imprisonment term of eighteen years with effect from the date of arrest.
The appellant’s counsel Ranbir Singh Sangha in his submissions said that the prosecution has failed to establish a prima facie case as most of the evidence was inadmissible and the admissible evidence was insufficient to link the appellant in any material manner to establish the elements of the offence and charge.
The respondent was represented by DPP Dato’ Haji Nik Suhaimi Nik Sulaiman. — DayakDaily
