By Dorcas Ting
KUCHING, Aug 25: A former logging camp worker escaped the gallows when the Court of Appeal ruled that he had no intention to kill his wife in 2014.
The three-men Court of Appeal bench chaired by Datuk Azizah Nawawi, today reduced the charge for Serverry Selih Kaya, 32, from murdering to culpable homicide not amounting to murder.
Azizah, Datuk Vazeer Alam Mydin Meera and Datuk See Mee Chun convicted the appellant to the charge under Section 304(b) of the Penal Code and sentenced him to a jail term of 10 years, with effect from the date of his arrest, which is July 4, 2014.
Serberry was initially charged under Section 302 of the Penal Code, which carries a mandatory death sentence upon conviction. The charge was then amended to Section 304(b) of the Penal Code, which carries a jail term up to 10 years or fine, or both, upon conviction.
Serberry was found guilty of killing his wife, Jara Jimbat, 52, at the corridor of a flat in Sibu Jaya, between 12.30pm to 1.30pm on July 4, 2014.
According to an early report, the appellant surrendered himself at Sibu Jaya police station after the incident.
It was reported that when the incident happened, the appellant tried to snatch the phone of the deceased as he suspected that the deceased had an affair with another man.
Deputy Public Prosecutor Fairuz Johari appeared for the prosecution while the appellant was represented by counsel Simon Siah. — DayakDaily
