SIBU: A police personnel was sentenced to two years’ imprisonment and fined RM10,000, in default to six months’ jail by the High Court here Tuesday (Jan 31) for negligently causing the death of his colleague.
Justice Datuk Christoper Chin convicted Nur Aliff Mazlan, 30, of the offence after he pleaded guilty to an amended charge under Section 304A of the Penal Code.
Nur was originally charged with the murder of Norhalim Tumiran, 25, at a house in Permai Timur on May 6, 2021 between 5.45pm and 6.30pm, an offence punishable under Section 302 of the Penal Code (Act 574) which provides for the mandatory death sentence if convicted.
In outlining the facts of case, deputy public prosecutor (DPP) Mark Kenneth Netto told the court that on April 2021, Nur and two other colleagues, Muhammad Amirulizwan Sulaiman and Amir Zainul Ariffin Shokri had just finished their police training and were reporting for duty at the Sibujaya Police Station, Sibu.
Nur, Amirulizwan and Zainul had decided to rent a house together with two other police personnel at Permai Timur.
On May 6, 2021 at approximately 5.45pm , Norhalim had dropped by the house to have his evening meal together with his friends residing at the house.
While waiting to have their meal, Norhalim and Amirulizwan decided to play video games in the living room.
They were both lounging on the sofa facing the the television screen. Shortly afterwards, Amirulizwan saw Nur enter his room, which was adjacent to the living room.
Upon exiting his room, Amirulizwan noticed that Nur had brought with him a pistol which he recognised as it was a Walther P99 semi-automatic pistol.
DPP Mark told the court that this was the same type of pistol that was previously issued to Nur for his police sentry duty at the Covid-19 vaccination centre in Sibu.
Nur then approached Norhalim and tried to get the latter’s attention with the pistol but both Norhaim and Amirulizwan ignored him and continued playing their video game.
Nur then pointed the pistol at Norhalim after which Amirulizwan heard a loud sound, which he suspected to be a gunshot.
At the blink of an eye, Amirulizwan noticed that Norhalim’s head had slouched back and began to bleed.
It was at this point that Amirulizwan noticed that Norhalim was lifeless.
Amirulizwan confronted Nur to ask why he had discharged his pistol and Nur replied that he did not realise the pistol was loaded.
Nur thereafter went hysterical and proceeded to wash the pistol in the kitchen area.
Later, Amirulizwan witnessed Nur returning to the living room and removing the joystick of the video game from Norhalim’s grip.
Nur then placed the washed pistol unto the right palm of Norhalim, who was at that time lying motionless.
As there were no signs of life on Norhalim, he was brought to the mortuary of Sibu Hospital for an autopsy to be done.
The post mortem was conducted by forensic pathologist, Dr Norliza Ibrahim.
She was able to determine that the cause of death was “head injury (due to) gunshot wound” and the manner of death was classified as homicide.
DPP Mark urged the court to impose a deterrent sentence by taking the interest of the public as of paramount consideration.
“It overrides the personal interest of the accused. This offence is a very serious one as it involves the usage of a firearm.
“The punishment meted out by this court must be seen as a deterrent to other potential offenders and especially those in the armed forces.
“There should be retribution for the victim and also for the young family which he leaves behind.
Based on the above factors, the prosecution urges this court to impose a maximum custodial sentence,” he added.
Nur was represented by counsel Ranbir S. Sangha.
