A teenage Indonesian boy has been sentenced to imprisonment by the High Court after being found guilty of murdering his girlfriend, who was also a fellow Indonesian national, at a palm oil plantation in Kalabakan three years ago.
The decision was delivered by Judicial Commissioner Steve Ritikos, who ordered the 16-year-old accused to remain in detention until he receives the consent of the Sabah Yang di-Pertua Negeri, in accordance with Section 97(2)(b) of the Child Act 2001.
The court had taken into account a social report submitted by the Welfare Department (JKM) office in Tawau, as the accused was a minor at the time of the incident before passing sentence.
The court also stressed that the seriousness of the offence and public interest outweighed other mitigating considerations in the case.
During proceedings, the court found that the defence had failed to raise reasonable doubt against the prosecution’s case, leading to the conviction of the accused.
Based on the overall evaluation of evidence, the court concluded that the accused was responsible for the killing of the victim.
According to the charge, the accused, who held an Indonesian passport and was 13 years old at the time of the incident, was alleged to have murdered 13-year-old Nur Zahirah Safarudin between 12.30pm and 2.30pm on January 4, 2023.
The charge was framed under Section 302 of the Penal Code, which provides for the death penalty upon conviction.
Based on case facts, the victim was discovered in a drain within the plantation area with head injuries.
The prosecution was conducted by deputy public prosecutor Nur Nisla Abd Latif, while the accused was represented by lawyer Liew Hon Min.
