PUTRAJAYA, 5 April 2018:
A former wiring consultant and his wife – who were initially sentenced to death for murdering their Indonesian maid – escaped the gallows after the Federal Court yesterday amended the charge from murder to culpable homicide not amounting to murder.
A five-man bench led by Court of Appeal president Tan Sri Zulkefli Ahmad Makinudin then sentenced Fong Kong Meng, 62, and housewife Teoh Ching Yen, 60, to 20 years’ jail.
In a unanimous decision, justice Zulkefli – who heard the appeal with Chief Judge of Sabah and Sarawak Tan Sri Richard Malanjum and Federal Court judges Tan Sri Hasan Lah, Datuk Seri Balia Yusof Wahi and Tan Sri Aziah Ali – ordered the sentence to run from the date they were remanded on 5 June 2011.
The panel made the ruling after allowing the appeal by both appellants against the Court of Appeal’s decision, which affirming the Shah Alam High Court verdict in sentencing the couple to death.
They were found guilty of murdering Isti Komariah, 26, at a house No 90, Jalan SS 2/6, Sea Park in Petaling Jaya near here, between 14 May 2010, and 5 June 2011.
After considering arguments from both lawyers and deputy public prosecutor, justice Zulkefli said the court found the prosecution had failed to prove its case on murder.
“We find that the evidence in this case falls under Section 304(a) (of the Penal Code).”
In mitigation, lawyer Datuk Seri Gopal Sri Ram said both appellants were remanded for almost seven years since 5 June 2011 and the wife was suffering from breast cancer.
Deputy public prosecutor Mohd Hamzah Ismail asked for a deterrent sentence as the victim had suffered starvation as a result of the couple’s failure to provide her food before she died.
“In this case, the maximum (jail) sentence is 30 years, I ask for 25 years for both appellants.”
When asked by justice Zulkefli, whether he asked for the same sentence even though the wife was suffering from cancer, Mohd Hamzah replied: “The prison can take her to the hospital.”
“The court find the appropriate sentence in this case is 20 years for each of the appellants,” said justice Zulkefli.
Earlier, Sri Ram submitted that his clients did not caused the death of the victim – as they had provided food for the maid.
Hisyam Teh Poh Teik, who also acted for the duo, said the maid had written in her notebook that “majikan saya baik, tetapi saya yang kurang, kalau saya buat jengkel, tapi masih sabar” (my employers are good, I was not so good, when I was being annoying, they were patient).
To this, Mohd Hamzah replied the victim was deprived of food and was accused by the couple of stealing biscuits and soup from the house.
He also said the victim’s weight had dropped to only 26kg at the time of her death from 49kg when she first started working for the couple.
On 6 March 2014, the High Court found the victim died of starvation as a result of the couple’s failure to provide her food and medical treatment.
The trial commenced on 30 July 2012 – during which 16 prosecution witnesses and six defence witnesses were called to testify.
– Bernama