Filipino brothers jailed five years for causing death

Source: thesun.my

TAWAU: Two Filipino brothers were sentenced to five years in prison by the High Court here today, for causing the death of a plantation supervisor in Lahad Datu, three years ago.

Judge Datuk Duncan Sikodol meted out the punishment to Al Nasir Abdullah, 27, and his brother Al Dimal, 22, both plantation workers, after they pleaded guilty to the alternative charge.

The two accused were charged with causing the death of Mark Aquino Conahap, in Kebun Jaya Plantation Workers' housing area in Ulu Segama, Lahad Datu, between 6.30 am and 6.35 am on April 17, 2021.

They were charged under Section 304(b) of the Penal Code, which provides a maximum jail term of 10 years or a fine, or both, upon conviction.

Based on the facts of the case, the two accused went to the deceased's house, as they were not satisfied with their wages. Al Nasir also accused the deceased of raping his wife under the guise of traditional treatment.

The court ordered the two accused, both undocumented immigrants, to serve their prison sentence from the date of arrest on April 17, 2021, and will be referred to the Immigration Department after completing their sentence.

On Aug 23, 2023, the two accused were first charged in the High Court, under Section 302 of the Penal Code for murder. However, the charge was dropped after both accused pleaded guilty to the alternative charge.

Earlier, deputy public prosecutor, Hurman Hussain, argued that despite elements of self-defence by the first accused and an attempt to protect another by the second accused, as the deceased was carrying a weapon with him, it must be noted that both accused went to the deceased's house making accusations of abuse and rape, while carrying their own weapons, leading to the fatal incident.

He added that matters raised by the defence lawyers in mitigation were considered by the Attorney-General's Chambers, leading to the alternative charge drafted and presented in today's proceedings.

"There was no evidence to show that any rape took place; the prosecution, does, however, accept that, perhaps due to the wife of the first accused alleging that she was raped, had caused him to become enraged, but bearing in mind that both accused initially went to the deceased's home due to dissatisfaction of their wages," he said.

Al Nasir was represented by lawyer Kusni Ambutowo, while Al Dimal represented by lawyer Philip Lee Lip Min.