IPOH: A Myanmar national has been sentenced to 32 years in prison and 12 strokes of the cane by the High Court here for the murder of his countryman and attempted murder of a co-worker three years ago.
Justice Abdul Wahab Mohamed meted out the sentence against Nai San Thein, 38, a fisherman, after he pleaded guilty to the charges here yesterday.
Nai was charged under Section 302 of the Penal Code for murder and Section 307 of the same law for attempted murder.
After his sentence was read by an interpreter, Nai pleaded guilty to the charges and told the court that he understood the consequences of his plea.
Counsel Ranjit Singh Sandhu, who represented Nai, in mitigating the sentence, said it was his client’s first offence.
“At that time, my client, who worked as a fisherman, only earned RM60 a day. He has been working in Malaysia for three years and is married with a son, who is now 13 years old.
“I was informed that the victim provoked my client by cursing his family.
“The victim’s body was also not found and we don’t know if the death was due to drowning or other factors. There is also no impact statement from the prosecution.
“My client has saved the court’s time by pleading guilty and feels remorseful for his action,” he added.
According to the charge sheet, Nai was accused of murdering Myint Soe, also a Myanmar national, on a boat at the Sungai Sumun riverbank in Bagan Datuk district between 11am and 11.45am on April 6, 2020. He was arrested on the same day.
Nai was accused of using a machete to slash the victim’s head before throwing his body into the river.
He was also accused of trying to kill another man at the scene, but the Myanmar national managed to escape.
Deputy public prosecutor Saifulakmal Mod Said urged the court to hand down a heavy punishment for the offences.
Section 302 provides for the death penalty or imprisonment for up to 40 years, and if not sentenced to death, shall be punished with a minimum of 12 strokes of the cane upon conviction.
Section 307 provides imprisonment for up to 20 years and a fine if convicted.
Justice Abdul Wahab said the imprisonment will run concurrently and will start from the date of arrest.
“The court finds the accused guilty. After considering the mitigation and the punishment, he is sentenced to 32 years in prison and 12 strokes of the cane for the offence under Section 302.
“The accused is also found guilty under Section 307 and sentenced to four years’ imprisonment from the date he was arrested,” the judge added.
The trial for the case started on July 6 with two prosecution witnesses testifying.