TAWAU: Two brothers were sentenced to five years in prison by the High Court here today for causing the death of a plantation supervisor three years ago.
The two accused, Al Nasir Abdullah, 27, and his younger brother, Al Dimal Abdullah, 22, escaped the death penalty after being given the opportunity to make a plea under Section 304 of the Penal Code (KK) before Judge Datuk Duncan Sikodol.
Both were initially charged on Aug 23, 2023, under Section 302 KK, which carries the death penalty upon conviction.
However, during today's proceedings, they were given an alternative charge under Section 304(b) KK after representation letters were submitted by their respective defense lawyers.
According to the charge, both of them, who are undocumented Filipino immigrants (PATI), were accused of jointly killing plantation manager (Mandor) Mark Aquino Conahap at the worker's housing area of Kebun Jaya Estate, Ulu Segama Lahad Datu, on April 17, 2021.
According to the case facts, the two accused had gone to the victim's house shouting their dissatisfaction with the wages provided.
Al Nasir also accused the victim of raping his wife under the guise of traditional medical treatment.
This caused a heated argument between them which led to the victim coming down from the house with a spear and tried to attack the accused, but missed.
Al Nasir then slashed the victim's hand with a machete he was carrying. The victim attacked again with the spear, prompting Al Dimalto slash the victim to death with his own machete before both fled.
Earlier, deputy public prosecutor Hurman Hussain argued that despite elements of self-defense by the first accused and an attempt to protect another by the second accused, the victim brought a weapon with him.
He said that it should be noted that both accused went to the victim's house making accusations of abuse and rape while carrying their own weapons, leading to the fatal incident.
All matters raised by the defense lawyers were considered by the Attorney General's Office, leading to the alternative charge presented in today's proceedings.
"Since both accused pleaded guilty to the alternative charge, the original charge under Section 302 KK is dropped," he said.
The court then ordered both accused to serve their sentences from the date of arrest and to be referred to the Immigration Department for deportation to their home country upon completing their sentences.