Justice Duncan Sikodol handed down the sentence on Al Nasir Abdullah, 27, and his brother, Al Dimal, 22, both plantation workers, after they pleaded guilty to the alternative charge.
The duo were charged with causing the death of Mark Aquino Conahap at the Kebun Jaya plantation workers’ housing area in Ulu Segama, Lahad Datu, between 6.30am and 6.35am 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.
The court ordered the defendants, both undocumented migrants, to serve their prison sentence from the date of arrest on April 17, 2021, and upon completion of sentence to be referred to the immigration department.
They were initially charged in the High Court with murder on Aug 23, 2023. However, that charge was dropped after both accused pleaded guilty to the alternative charge.
Based on the facts of the case, the brothers went to Conahap’s house because they were not satisfied with their wages. Al Nasir had also accused Conahap of raping his wife under the guise of traditional treatment.
Earlier, deputy public prosecutor Hurman Hussain argued that despite elements of self-defence by Al Nasir and an attempt to protect another by Al Dimal – as Conahap was carrying a weapon with him – both men went to the deceased’s house making accusations of abuse and rape, while carrying their own weapons, leading to the fatal incident.
He said matters raised by the defence lawyers were considered by the Attorney-General’s Chambers, leading to the alternative charge being drafted and presented in today’s proceedings.
“There was no evidence to show that any rape had taken place. The prosecution does, however, accept that, perhaps Al Nasir’s wife’s allegation that she was raped had caused him to become enraged. But it must be borne in mind that both accused initially went to the deceased’s home due to dissatisfaction over their wages,” he said.
Al Nasir was represented by lawyer Kusni Ambutowo while Al Dimal was represented by lawyer Philip Lee.