KOTA KINABALU May 10, 2012: The High Court yesterday set May 28 this year to deliver its verdict on a Filipino charged with the murder of a man last year.
At the close of the defence case yesterday, Justice Dato’ Abdul Rahman Sebli set the date to deliver his decision on Andal Arolla, 19, who was charged with killing McCalvin Allen Angkee, 34, at a bridge in Jalan Limbungan Kapal, Kuala Penyu about 11am on April 8, 2011.
The indictment under Section 302 of the Penal Code carries a mandatory death sentence upon conviction.
Earlier, Abdul Rahman ruled that the prosecution had established a prima facie case against the accused and ordered him to enter his defence.
“I have given maximum evaluation to the evidence led by the prosecution and I am satisfied that a prima facie case has been established against the accused. In the circumstances, I call upon the accused to state his defence to the charge,” Abdul Rahman ruled.
In his defence, Andal, who was defended by counsel Ram Singh, denied during the cross examination by deputy public prosecutor Raja Zaizul Faridah Raja Zaharuddin that the murder was planned by him.
To a question by Raja Zaizul Faridah, Andal responded that he had no witness to support his evidence that the killing was not planned by him.
“After the killing, my friend named Akis and I ran away to hide behind a fish net situated at Sungai Labuan,” he said.
When asked by Raja Zaizul Faridah why he took the decision to hide there, Andal answered, “because that was the only way for no one to find us”.
Responding to another question by Raja Zaizul Faridah, Andal explained that they hid behind the fish net because Akis wanted to borrow his cellphone.
He disagreed to the suggestion by Raja Zaizul Faridah that both he and his friend hid at the location because they were afraid of being found out since he was guilty of stabbing the deceased.
Andal is currently held in custody under Section 259 of the Criminal Procedure Code, pending disposal of his case.
Raja Zaizul Faridah produced 17 witnesses to testify against the accused since the murder trial commenced on April 16 this year, while Andal was the sole defence witness.
KOTA KINABALU May 10, 2012: The Sessions Court yesterday sentenced a 44-year-old Filipino to 20 months’ jail and ordered him to be given three strokes of the cane for entering the State illegally.
Judge Azreena Aziz yesterday ruled that the prosecution had proved its case beyond reasonable doubt against Radin Ismail.
Radin had entered the state without any valid document at the ferry terminal at Jesselton Point here at 4.07pm on February 29, this year.
The accused was tried under Section 6 (1) (c) of the Immigration Act 1959/19663 which carries a fine not exceeding RM10,000, or a jail term of up to five years, and whipping of not more than six strokes of the cane.
The court also ordered the unrepresented accused to be referred to the Immigration Department after serving his jail sentence for deportation to his country of origin.
Prosecuting officer Agku Mohd Shaifful Amp Ag Damit from the Immigration Department prosecuted the case.