TAWAU: An Indonesian man pleaded guilty in the Tawau High Court on Tuesday to a charge of causing the death of his fellow countryman who had raped his daughter in a bushy area while she was returning from a gathering two years ago.
Yohanes Kopong Jawan, 30, entered a plea after the charge was read before Judicial Commissioner Steve Ritikos.
The accused was charged with causing the death of his neighbour, Martin Sili, 33, at an unnumbered house in Kg Cina Ranggu between 7.30 pm on Aug 31, 2024 and noon on Sept 1, 2024.
The prosecution was conducted under Section 304(a) of the Penal Code, which carries a maximum jail term of 30 years and a fine upon conviction.
The court fixed Oct 1 for the decision, pending the submission of case exhibits and the defence’s mitigation submissions.
According to the facts of the case read during the proceedings, a team of police officers from the Tawau District Police Headquarters Criminal Investigation Division who went to the scene found the victim’s body inside the house after it had been bathed and dressed in clean clothes.
Initial investigations at the scene found that the body had been carried into the house by the victim’s wife with the help of several neighbours before it was taken to Tawau Hospital for a post-mortem.
The accused was arrested by police on the same day, Sept 1, 2024, and police also seized several items as exhibits, including a machete, mobile phone, wallet and clothing.
Investigations found that on the night of the incident, the accused’s wife saw their 12-year-old daughter looking distressed and frightened and crying.
After being pressed for an explanation, the girl told her that she had been raped by the victim in a bushy area while returning home from a gathering.
Upon hearing this, the accused became enraged, took a machete and went looking for the victim before slashing him several times at a chicken coop after the victim denied raping his daughter.
Meanwhile, the accused’s daughter was sent to Tawau Hospital for examination, where doctors confirmed a fresh tear to her genital area. Analysis by the Chemistry Department also confirmed the presence of the victim’s DNA on the girl’s fingernail clippings.
The analysis also confirmed that semen found on the underwear belonging to the accused’s daughter matched that of the victim, Martin.
The rape incident triggered the accused’s anger, causing him to take the machete and slash the victim with the intention of causing his death.
A post-mortem examination later found that the victim died from slash wounds to the head, hands, body and legs, which caused extensive bleeding and were consistent with injuries caused by a sharp weapon.
Deputy Public Prosecutor Nur Nisla Abd Latif conducted the prosecution, while the accused was represented by lawyer Jhassary P. Kang.
