SIBU: The High Court here on Friday (May 10) sentenced a former van driver to death after finding him guilty for the murder of two Indonesian women.
Additionally, Justice Wong Siong Tung also imposed a 15-year imprisonment term on Ahmad Robin, 33, and six strokes of the cane for another charge of voluntarily causing grievous hurt to a third Indonesian woman.
The accused remained calm when the verdict was handed down.
He was indicted on the first charge of murdering Pandang Sarang at the Oil Palm Plantation road, Block A3 of Ladang Lassa, Jaya Tiasa in Daro on Feb 11, 2022.
The second charge stated that he caused the death of another Indonesian woman, Muli Laha, on the same date and district, but at a different location: the Oil Palm Plantation road, Ladang Tanjung Alan Tradewind.
These charges, under Section 302 of the Penal Code, carry a mandatory death sentence upon conviction.
The third charge against Ahmad mentioned that he caused grievous hurt to Tene, another Indonesian woman, using a stone by the roadside at Lorong Ladang A6, Ladang Lassa, Jaya Tiasa, Daro District on Feb 11, 2022.
This offense, falling under Section 326 of the Penal Code, is punishable by imprisonment for up to 20 years and may include a fine or whipping if convicted.
In his judgment, Justice Wong pointed out that he found the offences committed by the accused against the two deceased individuals Pandang and Muli as well as Tene, to be premediated and unprovoked.
He said these victims came from Indonesia to earn a livelihood for themselves and their families through hard work in the oil plantation.
He stated that they sufferred a brutal and savage attack at the hands of the accused after which their bodies were thrown into the river by the accused.
The death of Pandang and Muli, he said, had undoubtedly caused inmeasurable sufferings to their families back home.
He added that the accused exhibited a clear intent to kill all three victims and succeeding in the case of Pandang and Muli, in order to rob them of their meager possession and their hard earned wages.
“Having considered the submissions of the learned DPP (Deputy Public Prosecutor) and the learned counsel for the accused, taking into the account the gravity of the offences committed by the accused, the necessity for a deterrent sentence in the interest of the public, the facts of the case, the trends of sentencing imposed of the same offfence committed in similar cases, and mitigating factors, including the accused’s age, nationality and overall circumstances, this court imposes the following sentences:
“That the murder of Pandang under the first charge and for the murder of Muli under the second charge, both under section 302 of the Penal Code, the accused is sentenced to death. Pursuant to section 277 of the Criminal Procedure Code, the accused shall be hanged by the neck until death.
“For the offence of voluntarily causing grievous hurt to Tene by using dangerous weapon or means under the third charge under section 326 of the Penal Code, the accused is sentenced to 15 years imprisonment with the terms commencing from the date of his arrest on Feb 12, 2022. Additionally, the accused shall be whipped with six strokes of rotan.
Earlier, DPP Mark Kenneth Netto, representing the prosecution, submitted on sentencing that there are ‘special reasons” to record the death penalty to the accused in this case.
He reasoned that the accused murdered two women and caused grievous hurt to another; all three victims were not locals but foreign women who were vulnerable when they were each attacked separately by the accused.
He said the murders were premeditated wherein the accused lured the victims out of their plantation on the pretext of ferrying them to the Daro town centre; the murders involved the use of deadly weapons; and the injuries inflicted on the victims showed the brutality of the accused.
Those offences were carried out with extreme ferocity, and the victims were also robbed in a cold hearted fashion and their personal belongings were sold to a goldsmith for the accused’s personal gain, DPP Mark asserted, adding that the accused took elaborate measures to cover his tracks from the police.
He said the accused had not cooperated with the enforcement authorities wherein he decided the shift the blame to two unknown characters only during the trial.
“There was public outrage when this case was initially reported in the media. The accused poses a threat to the public at large if he is released after serving sentence. A deterrent sentence ought to be passed to safeguard the public interest.
“Public interest is of paramount importance and ought to outweigh the offenders personal interest. Based on the aforesaid factors, it is sufficient for this court to place the accused’s case within the ‘rarest of rare’ category. This case justifies the death sentence being imposed.
“Nothing can bring the deceased persons back to their family members and loved ones. No imprisonment term can begin compensate the loss that the family members and friends of the deceased persons have suffered. There is no imprisonment sentence that can be passed which can relieve the loss that this accused has caused.”
Hence, he urged the court to pass the sentence that must reflect the seriousness of the offence and the need to deter others from committing it.
The death sentence in this case, he further pointed out, is crucial in shaping Sarawak into one of the safest states in the country to live, study and work in.
In the circumstances of this case, DPP Mark added that the court ought to pass a death sentence as it reflects the accused’s cupability for what he has done.
Throughout the trial, a total of 25 prosecution witnesses were called to testify against Ahmad, who was represented by court-appointed counsel Ben Lau Le Bin.
