Kota Kinabalu: A 51-year-old housewife, who failed to inform the authority a man who died of heart attack in her house last month, was on Wednesday sentenced to seven days’ jail and fined RM500 or one week’s jail.
Lu Yin Yen pleaded guilty before Magistrate Lovely Natasha Charles to intentionally omit information about the death of Jong Chin Ho, 63, to the authority at 10.30pm on Oct 30 in a house at Taman Jindo, Luyang.
The charge stated that Lu, being legally bound to give any notice or to furnish the said information to any public servant, intentionally omits to give such notice or to furnish such information in the manner and at the time required by law under Section 13(1) of the Criminal Procedure Code.
Lu had committed an offence under Section 176 of the Penal Code, which carries a jail term of up to one month or with fine of up to RM1,000, or with both, on conviction.
Deputy Public Prosecutor DK Afiqah Alya AK Johari @ PG Johari informed the court that on the said day, Jong, a contractor, was at Lu’s house at Taman Jindo and that Jong had suffered a heart attack and died.
Lu dragged the deceased’s body from the top floor of her house to the ground floor and then placed it in her Toyota Avanza.
Lu then drove the car to the site of the former Army Commander’s house, Jalan Selangor, Tanjung Aru and left the body there, said the prosecution.
The deceased was found three days later at 2.30pm on Nov 2 by two public members who then contacted the Tanjung Aru Police Station, the court heard.
Forensic pathologist Dr Jessie Hiu, who conducted post mortem on the deceased’s body, confirmed that the deceased’s death was caused by a heart attack (Ischemic heart disease due to severe coronary atherosclerosis).
Unrepresented, Lu apologised for her wrongdoing and promised not to repeat the same mistake.
She asked the court to consider a lighter sentence and requested for a fine as she has a daughter and that she also takes care of her paralysed husband.
Lu added that she had been under remand for seven days.
When asked by the court on the relationship between the deceased and Lu, DPP Afiqah Alya informed the court that according to the investigation, the deceased seemed to have a special relationship with Lu.
Lu informed the court that she has known the deceased for three years.
DPP Afiqah Alya pressed for a heavier sentence and submitted that the accused has a duty to inform the authority or public servant especially in regard to the death of a person despite of fear or shock at the scene.
“Since it’s not being informed, the family of the deceased did not know his whereabouts and the way how the family found out where the deceased’s body was found, was quite devastating news.
We pray for heavier sentence to be imposed as a heavier sentence has a deterrent effect to public,” said DPP Afiqah Alya.
Lovely ordered Lu to serve the jail sentence from the date of her arrest.
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