Couple jailed 34 years for maid's murder
KOTA KINABALU: A couple charged with the murder of their maid were each sentenced to 34 years' imprisonment by the High Court today.
Justice Datuk Dr Lim Hock Leng also ordered the first accused, Mohammad Ambree Yunos @ Unos, 44, to be given 12 strokes of the cane.
However, Etiqah Siti Noorashikeen Mohd Sulong, 37, was spared the otherwise mandatory punishment of whipping due to her gender, under Section 289 of the Criminal Procedure Code.
In the dock, Ambree appeared calm, while his ex-wife Etiqah was seen covering her face and bowing her head.
Ambree, a contractor, and Etiqah, a former reality TV cooking show finalist, were found guilty of murdering their maid, Nur Afiyah Daeng Damin, 28, between Dec 8 and 11, 2021, at a condominium in Penampang.
They were convicted under Section 302 of the Penal Code, which provides for the death penalty or imprisonment for a term of not less than 30 years and not more than 40 years.
If not sentenced to death, the offender shall also be punished with not less than 12 strokes of the cane.
In its decision, the court stated that the prosecution had proven its case beyond reasonable doubt under the said charge and that neither Ambree nor Etiqah had raised any reasonable doubt in their defence.
In particular, the prosecution proved beyond reasonable doubt the essential elements, namely, the identity and death of the deceased; that the deceased died as a result of injuries sufficient in the ordinary course of nature to cause death; that the accused persons caused those injuries with the requisite intention under Section 300(c) of the Penal Code; and
that they acted in furtherance of a common intention in causing those injuries.
In passing the sentence, the court said that although both defence counsels made impassioned mitigation pleas, it could not ignore the cruelty suffered by the deceased at the hands of the accused, as highlighted by the prosecution.
The court considered the nature of the injuries and the manner in which they were inflicted over time.
Earlier, despite the recent abolition of the mandatory death penalty and the enforcement of the Abolition of Mandatory Death Penalty Act 2023, deputy public prosecutor Dacia Jane Romanus urged the court to impose the death sentence.
She argued that the case had shocked not only the conscience of Sabahans, but of the nation as a whole, and for that reason, must be met with the full weight of the law.
"The deceased was a young woman who left her home and entered the home of the accused persons to work honestly and earn a living during a global pandemic.
"While others remained at home in search of safety and protection, the deceased experienced the opposite.
"She endured prolonged suffering in her place of employment, which ultimately became the site of her tragic demise.
"The accused persons, as her employers, were meant to provide her with shelter, food, and safety.
"Instead, the deceased was subjected to daily torment, denied basic rights, and robbed of her life," she said.
Dacia said evidence before the court, including videos and images recovered from the accused's phones, stood as disturbing documentation of the deceased's torment.
This evidence not only corroborated the abuse but also revealed the accused persons' chilling intent to record and preserve her suffering.
"We wish to remind the court that in this case, the condition of the deceased's body was so severely deteriorated that her husband was only able to identify her by the bangle she wore on her wrist, a silent witness to the life she once lived and the violence she endured.
"This was not a murder committed in a moment of rage or under provocation.
"It was a prolonged abuse.
"This murder was not impulsive; it was cruel and intentional.
"The injuries sustained by the deceased did not occur all at once, they were inflicted over time, in a prolonged campaign of cruelty that speaks volumes about the intent of the accused persons to cause her death.
"We submit that the only just and proportionate punishment is the death penalty under Section 302 of the Penal Code.
"The law must reflect the value we place on human life, and in this case, justice demands nothing less than the ultimate sentence," she said.
If the court was not inclined to impose the death penalty, the prevailing trend in custodial sentencing for deaths caused by prolonged abuse was 40 years' imprisonment and 12 strokes of the cane, she said.
Counsel Datuk Ram Singh represented Ambree, while Datuk Seri Rakhbir Singh represented Etiqah.
Ambree and Etiqah, who had been out on bail pending the outcome of the case, were ordered to begin serving their respective sentences from the date of conviction.
This case was first brought to court on Dec 29, 2021, and the couple claimed trial on Nov 17, 2022.
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