Post by : Rohit Dhiman

An Indonesian father has been sentenced to 13 years in prison by the Tawau High Court in Malaysia after admitting that he caused the death of a 33-year-old compatriot who had been accused of sexually assaulting his 12-year-old daughter. The 30-year-old man, who is a father of six, pleaded guilty to an alternative charge of culpable homicide during proceedings at the Tawau High Court. He had initially faced a murder charge under Section 302 of Malaysia's Penal Code, but the charge was later amended to culpable homicide under Section 304(a). The court imposed the prison sentence from the date of his arrest on September 2, 2024.

Daughter's Allegation Triggered the Incident

According to the facts presented in court, the case began after the man's daughter told her mother that she had been sexually assaulted while returning home from a social gathering on the night of August 31, 2024. After learning about the allegation, the father took a parang and went in search of the man. He eventually found him and chased him towards an area near a chicken coop before attacking him several times. The victim subsequently died from the injuries. The prosecution said the death occurred sometime between around 7.30pm on August 31 and noon on September 1, 2024, at a house in Tawau.

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Forensic Findings Became Important Evidence

The case also involved forensic findings connected to the daughter's allegation. A medical examination reportedly found fresh injuries in the girl's genital area. Further analysis by the Chemistry Department Malaysia found DNA belonging to the deceased on samples taken from the girl's fingernails. DNA from semen found on her underwear was also reported to match the deceased's DNA profile, according to the facts presented in court. These forensic findings formed part of the evidence presented during the proceedings concerning the circumstances surrounding the alleged sexual assault.

Murder Charge Was Changed to Culpable Homicide

The accused had originally been charged with murder under Section 302 of the Penal Code. However, the prosecution proceeded with an alternative charge under Section 304(a), relating to culpable homicide not amounting to murder. The court sentenced him to 13 years in prison after his guilty plea. The sentence was backdated to September 2, 2024, when police arrested him. Section 304(a), as reported in the case, carries a maximum prison term of 30 years and a fine.

Police Seized Weapon From His Home

Police arrested the accused at his home on September 2, 2024, shortly after the killing. Investigators also seized the parang believed to have been used in the attack. The prosecution was led by Deputy Public Prosecutor Nur Nisla Abd Latif, while the accused was represented by lawyer Jhessery P. Kang.

Sentence and Immigration Department Referral

Along with the prison sentence, the Tawau High Court ordered that the accused be referred to the Malaysian Immigration Department after completing his sentence. The case has drawn attention because the killing followed an allegation involving the accused's young daughter, while forensic evidence presented in court was reported to have linked the deceased to the alleged sexual assault. The court proceedings, however, concerned the accused's responsibility for the death and resulted in his conviction on the alternative culpable-homicide charge.

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