Foreigner gets six years’ jail for culpable homicide

Fadley Faisal

A Bangladeshi man was sentenced to six years’ jail by the High Court after he pleaded guilty to causing the death of his compatriot yesterday.

Kausar Uddin was first charged with murdering the victim, but on July 29, 2020 was preferred with a charge of culpable homicide, not amounting to murder, by causing the death of the victim.

The defendant pleaded guilty to the charge immediately.

Deputy Public Prosecutors Dayangku Didi-Nuraza binti Pengiran Haji Abdul Latiff and Hajah Siti Mu’izzah binti Haji Sabli revealed to the court of the turn of events leading up to the victim’s death.

The defendant worked as a cleaner and the victim was in construction.

One day in 2016, the victim agreed to assist the defendant’s four friends back in Bangladesh with their visa applications to enter Brunei.

The defendant collected BND17,000 from his friends and handed it to the victim to process the visa application.

The four friends then discovered that they had been issued fake visas and their only contact was the defendant, who was then not able to return their money even after he had asked the victim for it.

The victim denied ever receiving such money.

The defendant grew angry over this and asked the victim, under the false pretense, to give him a ride to Sungai Teraban.

The victim agreed to take the defendant in his car to Sungai Teraban as he wanted to see a friend himself and went on May 27, 2016.

In the afternoon, they set out and went to meet the victim’s friend first.

Then the defendant asked to go to the beach near an old clinic.

There, the defendant then alighted the car taking a knife which he found inside the car earlier with him and walked over to the driver’s side.

He then opened the door and stabbed the victim in his stomach while he was still seated behind the wheel.

The victim tried to run away, but the defendant caught him by his collar, and ignoring his plea not to be killed, slit his throat with the knife causing the victim to collapse on the ground.

The defendant then threw the knife into the bushes and got rid of his bloodstained trousers.

He then went on foot to a friend’s house where he spent the night.

The following morning, the defendant went to Kuala Belait, took a boat to Sungai Teraban and fled to Miri.

That same morning, a man who had set out to go fishing came across the bloodstained car, informed this to the village head and together filed a police report.

Police arrived at the scene and found the victim’s body.

Police arrested the defendant on November 27, 2016 with the assistance of their Malaysian counterparts.

The defendant, represented by defence counsels Haji Mansur bin Dato Paduka Dr Haji Abdul Latif and Siti Rozaimarlenny binti Dato Seri Laila Jasa Haji Abdul Rahman submitted in mitigations on behalf of the defendant said that he was provoked by the victim who had shouted at him and refused to return the money as well as his remorse.

Chief Justice Dato Seri Paduka Steven Chong, apart from other things in consideration for a fitting punishment, said that the defendant should not have taken the law into his own hands by exacting revenge and there is some degree of planning by the defendant.

“The (victim’s) plea to the defendant for mercy fell on deaf ears, subjected him to a vicious and sustained attack using a dangerous weapon to inflict injuries on vulnerable parts of his body which proved fatal. The defendant then disposed of evidence linking him to the crime before leaving (the victim) for dead and fleeing the country,” the Chief Justice further highlighted the aggravating factors of the case.

A starting point of nine years’ jail sentence was taken by the court and gave credit to the defendant for his instant guilty plea following which the court decided to hand the six years’ jail sentence and ordered this to be backdated to the date of the defendant’s remand.