Indonesian in Sibu jailed five years for culpable homicide of friend

SIBU (Nov 16): The High Court here today sentenced an Indonesian man to five years in prison for culpable homicide not amounting to murder for causing the death of his friend last year.

Marius Giling Sabang, 67, from Sintang, West Kalimantan, was originally charged with murder under Section 302 of the Penal Code, which carries a death penalty upon conviction.

He pleaded guilty to the alternative charge of culpable homicide under Section 304(a) of the Penal Code on Oct 20, 2023.

The Section provides for a maximum jail term of 30 years and/or a fine upon conviction.

Judge Wong Siong Tung ruled that Marius’ sentence would take effect from the date of his arrest on March 2, 2022.

Based on the charge, on that day, Marius caused the death of Sawing Mara, 46, at around 1pm at a Jalan Camar premises.

According to the facts of the case, the complainant saw a man lying motionless on the ground floor of an abandoned house around 4.30pm.

The complainant then lodged a police report at the Sungai Merah police station, which led police to investigate.

Medical personnel called to the scene confirmed Sawing died at the scene and the body was brought to Sibu Hospital for a post-mortem.

On the same day, at about 5pm, Marius surrendered himself to police in connection with the death and was arrested.

As Marius had injuries to his head and arm, he was referred to Sibu Hospital.

He related to police that at around 10am that morning, Sawing had accused him of stealing his cooking utensils, uttered abusive words, and threatened to kill him.

Two men known to Marius later met with Sawing at the house to drink.

Later, the three men approached Marius and started to attack him, causing injuries to his head and arms.

After the two men left, Sawing is said to have continued to hurl abuse at Marius and threatened to kill him.

This led Marius to pick up a wooden plank and swing it at Sawing’s head, causing him to collapse and become unconscious.

Based on the investigation conducted by investigating officer ASP Jarraw Madong, the evidence revealed Marius hit Sawing due to grave and sudden provocation.

It was also said Marius was exercising his right of private defence.

Marius was represented by counsel Ranbir Singh, but today counsel Boston Ho stood in for Ranbir.

DPP Mark Kenneth Netto prosecuted the case.

Alexandri Legawa, Consular Section senior staff member from the Consulate General of the Republic of Indonesia in Kuching, was present in court to witness the proceedings.