25 years' jail term for three former RMN personnel over colleague's death upheld

A three-member panel led Datuk Hanipah Farikullah unanimously rejected the final appeal made by Muhammad Zahirudin Nordin, 33, Mohd Hood Mah Hasib, 33, and Muhammad Faidhi Zani, 32, after the defence failed to raise a reasonable doubt against the prosecution's case.

"After hearing the submissions from both sides, the court found no material contradictions between the evidence given by the prosecution's eighth witness, Ehelaray Moss, and the 10th, Johny Birai , which could affect the prosecution's case.

"The court also found that the prosecution's evidence was sufficient to show the joint intention of the appellants which caused the death of the victim. Hence, the conviction against the three appellants are safe, and their appeals rejected and the sentence (by the High Court) upheld.

"With this, the court is issuing a warrant of commitment on the three appellants, effective immediately," said judge Hanipah who sat with Datuk Ahmad Nasfy Yasin and Datuk Nordin Hassan.

On Sept 29, 2016, the Kota Kinabalu Sessions Court sentenced the three men to 30 years' jail each after they were found guilty of causing the death of Asrup Raidin, 27.

They then appealed their case to the Kota Kinabalu High Court and on Jan 9, 2018, it reduced the jail term to 25 years.

The three were accused of causing the death of Asrup at the RMN Uniform Station lagoon area at Pulau Terumbu Ubi, Labuan at 7.36 pm on Dec 3, 2013, and were charged under Section 304 (a), read together with Section 34 of the Penal Code.

At today's proceeding, counsel Aqeeb Lizalman Nordin Zamery and Noor Akhza Ahmad Khairuddin, represented Muhammad Zahirudin and Mohd Hood, while counsel Shahrul Nizam Azwir and Muhammad Amin Abdullah appeared for Muhammad Faidhi.

DPP Ku Hayati Ku Haron acted for the prosecution.