KUCHING: A former timber camp worker escaped the gallows after the alleged murder of his wife eight years ago and was commuted to a 10-year prison sentence by the Court of Appeal here yesterday.
A panel of three Court of Appeal judges consisting of Datuk Azizah Nawawi, Datuk Vazeer Alam Mydin Meera and Datuk See Mee Chun ruled that the charge of killing Serberry Selih Kaya, 32, under Section 302 of the Penal Code was reduced to Section 304 (b) of the Penal Code.
The section provides a prison sentence of up to 10 years or with a fine or both.
The court decided that the appellant should serve a prison sentence starting from the date of his arrest on July 4, 2014.
The decision was made after the court found that the appellant had no intention of killing the victim.
In addition, the charge could not be fulfilled under Section 302 of the Penal Code because the intention to kill by the appellant failed to be proven.
According to the reduced charge, he was charged with murder and causing the death of his 52-year-old wife in the corridor of their flat in Sibu Jaya between 12.30pm and 1.30pm on 4 July 2014.
The prosecution of the case was handled by Deputy Public Prosecutor Fairuz Johari while the appellant was represented by a lawyer Simon Siah.
According to previous media reports, the appellant turned himself in at the Sibu Jaya Police Station immediately after killing his 52-year-old wife out of jealousy.
Before the incident, he, who works to operate heavy machinery at a logging company, snatched his wife’s mobile phone which led to a fight.
The victim who managed to escape from the house collapsed at the corridor of the house and was confirmed dead at the scene due to serious neck injuries.
