On Wednesday, a 42-year-old local man was sentenced by the Intermediate Court to nine years jail and six whippings for burning a part of his father’s house.
On November 3, 2021, the defendant went to his siblings-in-law’s home in Kuala Belait several times in the day, causing nuisance, which led to a police report.
On November 4, 2021, in the evening, Kuala Belait Police Special Duties personnel went to the defendant’s residence in Kampong Pandan ‘C’, Kuala Belait, a house belonging to the defendant’s father, to look for the defendant in relation to the nuisance report.
The defendant had been staying with his parents at the house since he lost his job. The defendant had been asking money from his parents and if refused, the defendant would throw a tantrum.
The defendant’s attitude became so intolerable that the parents moved out of their own house to hide from the defendant, refusing to disclose their whereabouts.
When a policeman came to invite the defendant to make a statement at the police station in relation to the nuisance report, he was angered.
According to police accounts, the defendant ranted about his treatment from his family.
He told the policeman he was going to take his identity card and a change of clothes, before locking himself in the house and ranting further. The policeman waited for 15 minutes before seeing a fire through a window in the front door.
The policeman called out the defendant to extinguish the fire thrice and instructed him to get out from the house but the defendant ignored his instruction and continued to rant angrily. Not long after, there was the sound of an explosion coming from inside the house.
The defendant ran out from the side door of the house, into his car and sped off from the house and never came back.
He was found after a few days, hiding at his friend’s house, where he was arrested.
During the trial, the defendant claimed that the fire could have been due to the scented candle that he lit up which could have fallen onto an electrical socket or extension wire.
Expert testified in court that the fire would not ignite quickly if it was caused by a candle, and the burn would not have been so extensive and its pattern would have been different.
Personnel from the Department of Electrical Services, who were at the scene also confirmed that the fire was not caused by any fault in any electrical circuits or appliances.
The fire was said to be caused by a butane torch by burning a heap of clothes, material gathered at the TV room inside the house.
The prosecution submitted that had the defendant not set the fire, he would not have run away from the house by speeding his car, and would have come back or stayed at a distance and called for help.
The defendant did not attempt to extinguish the fire nor did he call for help to save the house.
Having heard the evidence and testimonies from the prosecution and defence, during the judgment, Judge Pengiran Masni binti Pengiran Haji Bahar found the defendant guilty of committing mischief by fire, intending to cause damage or knowing it to be likely to cause damage to the living room of the house on November 4, 2021 at about 8pm. “I find the defendant’s evidence to be not coherent and illogical,” the judge remarked.
In sentencing the defendant, the court highlighted the aggravating factors of the case and remarked that arson is a serious offence and that a deterrent sentence should reflect the mischief committed by the defendant.
The defendant also showed no remorse during the trial and it was fortunate that no one was injured. – Fadley Faisal
