TAWAU: An Indonesian man, 53, was sentenced to the maximum 40 years’ imprisonment by the Tawau High Court on Wednesday after being found guilty of murdering a plantation worker who had gone fishing three years ago.
Judicial Commissioner Steve Ritikos handed down the sentence against Lipus Linus during the final decision proceedings after finding that the prosecution had proven its case beyond reasonable doubt.
The sentence was imposed after the court heard the accused’s defence and plea for mitigation, as well as the prosecution’s submissions.
The court also ordered that the accused be referred to the Immigration Department for deportation action upon completion of his prison sentence.
According to the charge, Lipus, who did not possess any identification documents, was accused of murdering Herman Muhtar, 33, at Tiger Estate, Sime Darby Plantation, here, between 11.25am and 12.30pm on July 19, 2023.
The charge was brought under Section 302 of the Penal Code, which provides for the death penalty or imprisonment for between 30 and 40 years, as well as not fewer than 12 strokes of the cane if the death penalty is not imposed.
The full trial took place from Feb 11 to June 12 this year, during which 21 prosecution witnesses were called to testify.
Deputy Public Prosecutor Mohd Fillany Siji conducted the prosecution, while the accused was represented by lawyer Zahbia Ophent.
In his submission, Mohd Fillany urged the court to impose the death penalty, citing evidence from two eyewitnesses who were friends of the deceased, stating that Lipus had waited for and then killed the victim, despite the two men not knowing each other.
However, he asked the court to impose the maximum 40-year prison sentence if the death penalty was not handed down.
Meanwhile, the prosecution’s case facts showed that Herman had gone fishing with two friends at the plantation.
The victim later left his two friends, and shortly after his departure, they heard him screaming and, upon checking, saw Lipus holding a spear.
Fearing for their safety, they left the area and informed another friend about the incident before the victim’s body was found.
Police officers from Bombalai Police Station who rushed to the scene found a man lying on the ground with puncture wounds to his head, hands, chest and abdomen.
