PUTRAJAYA: The Federal Court has sentenced a former construction worker from Indonesia to 30 years in jail after dismissing his appeal from conviction for the murder of his former girlfriend more than five years ago.
A three-member bench chaired by Court of Appeal president Abang Iskandar Abang Hashim sentenced Untung, whose passport bears a single name, to a jail term of 30 years, the minimum allowed for murder.
The panel, which also included Justices Harmindar Singh Dhaliwal and Abdul Karim Abdul Jalil, ordered that the sentence run from Dec 23, 2018.
“There is no merit in the appeal as the Court of Appeal did not commit any appealable error,” Abang Iskandar said when announcing the unanimous decision.
The court also refused to reduce Untung’s charge to culpable homicide not amounting to murder, saying it was not a “fit and proper case” to exercise its discretion.
Untung, now 42, was also ordered to be given 12 strokes of the rotan.
He was convicted by the High Court of murdering Asmaul Chasanah, 28, at the Al-Husnah mosque car park in Bandar Sunway, Petaling Jaya, at 10.15pm, on Dec 22, 2018.
The High Court went on to impose the then-mandatory death penalty on him.
Its decision was later affirmed by the Court of Appeal.
The facts of the case revealed that Untung was in a relationship with Asmaul and had presented her gifts on various occasions. The duo were seen by several others going out together.
However, the relationship turned sour after he refused to buy her a refrigerator.
An angry Asmaul blocked all communications with Untung, plunging him into depression.
On the fateful day, Untung waited for Asmaul at the car park with a bottle of pesticide and a kitchen knife.
When he saw her, he exclaimed: “You have cheated me.”
Asmaul laughed and scolded Untung, saying: “You are mad, go and die if you want.”
On hearing this, Untung drank the poison and stabbed himself four times with the knife.
Asmaul laughed and further insulted Untung, saying: “You are my dog, a man behaving like a woman. Go and die.”
Enraged, he stabbed her seven times, mostly in the abdomen.
Nearby residents rushed them to a hospital but only Untung survived.
Earlier today, his counsel Gooi Soon Seng asked for the court to reduce his client’s charge to committing culpable homicide not amounting to murder.
He said the crime of passion took place due to grave and sudden provocation by Asmaul.
“A psychiatrist testified during the trial that Untung was undergoing severe depression as a result of Asmaul rejecting him,” Gooi said.
He said Asmaul’s reference to Untung as a “dog” was very demeaning to him as a Muslim.
Gooi, who was assisted by Lim Wei Qi, said there was no eyewitness.
Deputy public prosecutor Ng Siew Wee said the High Court and the Court of Appeal made the correct findings which should be maintained.
“He had the intention of murdering the deceased, although the appellant also wanted to commit suicide,” she said.
Ng said Asmaul sustained seven stab wounds, five of which were inflicted on her vital organs, as testified by a pathologist.
“The appellant’s conduct is not consistent with a person who ran amok. He did not have the licence to kill just because Asmaul broke up with him,” she said.
Ng suggested a jail term of between 33 and 35 years, and asked the court to take public interest into account, but Gooi asked for the bench to temper justice with mercy and impose a 30-year jail term. - FMT
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