SIBU: A 67-year-old Indonesian who pleaded guilty to an alternative charge of committing culpable homicide not amounting to murder at the High Court here Friday (Oct 20) will know his fate on Nov 16.
Justice Wong Siong Tung has reserved his ruling and sentencing until then.
Marius Giling Sabang was originally charged with murder under Section 302 of the Penal Code.
He understood the alternative charge read and the nature and consequences of maintaining his plea of guilt.
The charge against him states that he committed culpable homicide not amounting to murder by causing the death of Sawing Mara at a house in Camar Road on Mar 2 last year at about 1pm.
The offence listed under Section 304(A) of the Penal Code provides for an imprisonment term which may extend to 30 years, and also liable to a fine.
In presenting facts of the case, Deputy Public Prosecutor (DPP) Mark Kenneth Netto told the court that on Mar 2, 2022 at approximately 4.30pm, as one Richard Dalam was walking about in the house, he noticed a man lying motionless on the ground floor of the house.
He then proceeded to the Sungai Merah police station to lodge a police report.
On the same day at approximately 5pm, the accused surrendered himself at the Sibu Central Police Station.
Upon arresting him, police noticed that the accused had injuries to his head and arm. He was then referred to Sibu Hospital for a physical examination.
The diagnosis of the accused revealed that he had sustained “laceration wound at occipital region with soft tissue injury” .
In his triage note, the attending medical doctor stated that accused was “allegedly assaulted by unknown people around 12noon on that day”.
When questioned about the injuries suffered by the accused, he disclosed to police that he was at the house together with the deceased on the morning of Mar 2, 2022.
At about 10am that morning, Sawing had accused him of stealing his cooking utensils, leading to Sawing uttering abusive words and threatening to kill the accused.
DPP Mark told the court that about an hour later two men known to the accused met with Sawing at the house, chatting with each other and drinking liquor at the house compound.
Later the three men approached the accused and started to attack the accused.
As a result, the accused suffered injuries to his head and arms. As the two men left, Sawing continued to hurl abuses at the accused and threatened to kill him.
The accused responded by picking up a piece of wooden plank and swung it at the Sawing’s head which led to him collapsing.
Based on investigation, the evidence revealed that the accused’s act of hitting Sawing was done following a grave and sudden provocation by Sawing.
“Thereby, the accused was offered an alternative charge of committing culpable homicide not amounting to murder by causing the death of Sawing,” DPP Mark added.
The accused who was represented by counsel Ranbir Singh has pleaded for leniency.
