Kota Kinabalu: A 36-year-old Indonesian man escaped the gallows after the Court of Appeal on Monday commuted his death sentence to 33 years’ jail and 12 lashes of the cane for murdering his wife five years ago.
A three-member bench comprising Justices Datuk Ravinthran N.Paramaguru, Datuk Azimah Omar and Datuk Lim Chong Fong made the unanimous decision and substituted Ramli Arif’s death sentence after hearing his appeal against the sentence.
Ramli was ordered to serve the imprisonment sentence from the date of his arrest on Oct 27, 2018.
He was sentenced to death by the Sandakan High Court on March 5, 2021, after he was found guilty of murdering his wife Ira Sumang, 27, also an Indonesian, at 7.30pm on Oct 27, 2018 at a workers’ quarters in Pintasan Plantation 5B, Kinabatangan.
Ramli initially appealed against his conviction and death sentence but withdrew his appeal against the conviction which the court struck out later.
“Consequently the conviction under Section 302 of the Penal Code is affirmed,” held Justice Ravinthran, who chaired the bench.
Following an amendment made to Section 302 of the Penal Code, the court can impose a jail term of not less than 30 years and not exceeding 40 years on offenders if not given the death sentence.
Male offenders shall also be punished with whipping of not less than 12 strokes.
Earlier, Counsel Farazwin Haxdy, representing Ramli, in the appeal against the sentence, requested for the imprisonment of 38 years to be allowed due to his medical state and background of no previous conviction before being detained.
Farazwin submitted, among others, that it was indicated by a psychiatrist that the appellant suffered from psychotic disorder and agreed that the appellant may have been psychotic during the offence.
She added that the appellant was still receiving daily treatment through medication as he suffered from severe psychotic symptoms and that there was no pre-meditation or motive to kill as the victim was his wife and that the appellant’s attempted suicide when he was admitted to Hospital Mesra Bukit Padang.
Deputy Public Prosecutor Tetralina Ahmed Fauzi, who appeared for the prosecution, applied for the court to impose 40 years of imprisonment.
Meanwhile, in the Magistrate’s Court, a 23-year-old woman was fined RM1,600 or two months jail for engaging in gambling activity.
Nur Haizah pleaded guilty before Magistrate Lovely Natasha Charles to being involved in illegal 4D lottery gambling activity at 5pm on Oct 25, at the five-foot-way of a shop in Asia City here.
She was charged under Section 7(2) of the same Act which provides for a fine of up to RM5,000 or up to six months jail or both, on conviction.
Inspector Kelvan Elson Maik prosecuted.
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