A National Anti-Drug Agency (AADK) officer was sentenced to 10 years in prison by the High Court here on Thursday after being found guilty of causing the death of a man without intention five years ago.
Judge Datuk S Narkunavathy handed down the sentence against Md Ilyas Syahmi Ibnu, 39, after finding that the prosecution failed to prove the original charge under Section 302 of the Penal Code beyond reasonable doubt.
Following the defence proceedings, the court found the accused guilty instead under Section 304(b) of the Penal Code, which covers causing death without intention.
The offence carries a maximum sentence of 10 years’ imprisonment, a fine, or both.
The court subsequently imposed the maximum 10-year jail term on Md Ilyas, effective from the date of his arrest on Sept 20, 2021.
The prosecution was conducted by Kedah State Prosecution Director Datuk Khairul Anuar Abdul Halim, while the accused was represented by lawyer Datuk Naran Singh.
Naran said his client had instructed the legal team to file an appeal against both the conviction and sentence.
However, the prison sentence will remain in effect pending the appeal process at the Court of Appeal.
Previously, Md Ilyas was charged under Section 302 of the Penal Code for allegedly causing the death of Zahari Ayub, 24, in front of the AADK Enforcement Office building in Sungai Petani.
The offence was alleged to have taken place between 10.40pm on July 18, 2021 and 1.34am on July 20, 2021.
The initial charge under Section 302 involved murder with intent, which carries severe penalties including imprisonment between 30 and 40 years and at least 12 strokes of the cane if the death penalty is not imposed.
