One of the men involved in the trial related to the case of killing at Kuala Lurah in 2017 was sentenced to four years’ jail after he pleaded guilty to a charge of abetment of culpable homicide.
Haji Tuah bin Haji Tarip, 58, pleaded guilty to the charge of abetment of culpable homicide, not amounting to murder, causing death to Haji Aziz bin Haji Johara in an incident on July 12, 2017 near the Kuala Lurah Control Post.
Deputy Public Prosecutors Hajah Anifa Rafiza binti Haji Abdul Ghani and Siti Nurjauinah binti Haji Kula’s facts of the case stated that the defendant was driving back to Brunei from Limbang when he stopped his car by the side of the road near the Kuala Lurah Control Post and joined a group of men including his co-defendants who gathered there.
The defendant was informed by one of his co-defendants that they intended to attack an individual and his companions in revenge for their assault on two members of their group.
The group did not encounter the individual they were expecting, but the defendant spotted his car being driven by the victim, passing the Kuala Lurah Control Post heading towards Bandar Seri Begawan, and the defendant informed the group of this and that the said individual they were looking for might be in the car with the victim.
The defendant was at the scene of the incident when his co-defendants and the group of men armed with a knife, katana and baseball bat approached the car and attacked and killed the victim.
In their judgement yesterday, Chief Justice Dato Seri Paduka Steven Chong and Judge Muhammed Faisal bin Pehin Datu Juragan Laila Diraja Colonel (Rtd) Dato Seri Pahlawan Haji Kefli said, “While the defendant did not himself take part in the physical attack on the victim, his culpability lies in his instigation of the attack on the victim knowing that they were armed with dangerous weapons and it was likely to cause death.”
The court further stated that “those who indulge in violence must understand that if death ensues as a result of that violence, however unintended, severe punishment must inevitably follow”.
The Judges did not consider ‘being drunk as a mitigating factor as submitted by lawyer for the defendant Ang Swee Kian, emphasising that his self-induced intoxication cannot mitigate the offence’.
The court further ordered for the defendant’s sentence of four years’ jail to be backdated from the date of his remand.
The trial of the three other men in this case will be conducted from September 7, 2020 in the High Court.