Two Years For Killing WifeBy Ignatius Stephen & Rol Ezam
Bandar Seri Begawan - Wife killer Liew Say Koo will be out of jail by November. Liew Say Koo killed his wife in June last year, the court heard.
Liew's Say Koo early release is a result of a two-year sentence Brunei High Court Judge Dato Steven Chong passed on Liew Say Koo yesterday.
Liew Say Koo, 44, a prominent contractor in Brunei, gave himself up to the police when his 26-year-old wife Wong Ai Na was found dead in a hotel room in the Brunei capital on June 12 last year and had been held in prison ever since.
His sentence will be backdated to his initial remand in custody, the court ruled.
He pleaded guilty to committing a rash act not amounting to culpable homicide by punching and kicking her.
For good conduct in prison he could be given the customary one-third remission and therefore earning possible freedom in November.
In passing the sentence, the judge remarked that on the facts before the court, even though Liew Say Koo has a violent streak which he cannot control that is not sufficient enough to call him a dangerous man.
The court also commended defence lawyer Mr Daljit Singh Sandhu, who with Mr Vincent Joseph appeared for Liew Say Koo. Judge Dato Chong thanked Mr Sandhu for his "helpful" submissions.
Appearing for the prosecution were Deputy Public Prosecutor Suriana Radin and DPP Farhanah binte Pehin Dato Haji Suhaili
Soon after sentencing, friends and relatives rushed towards a much-relieved Liew Say Koo outside the dock hugging and congratulating him. Liew Say Koo who had been wearing a "lucky" brick red shirt with designs throughout the three-day trial also embraced his lawyers, thanking them.
The court was packed during the trial and Liew Say Koo flashed a victory sign from the dock briefly glancing at his supporters when the sentence was passed.
The judge, reading out the five-page verdict, recalled that Liew, the defendant, was charged in the Magistrate's Court on June 13, 2006 with the murder of his wife, Wong Ai Na, contrary to Section 302of the Penal Code. The penalty for murder is death.
On June 18, 2007, the Public Prosecutor preferred an alternative charge against the defendant of causing the death of Ai Na by doing a rash act not amounting to culpable homicide, by punching and kicking her, an offence punishable with a term of up to five years' imprisonment or a fine under Section 304A(2) of the Penal Code.
The defendant pleaded guilty to the alternative charge whereupon the Public Prosecutor withdrew the murder charge.
The statement of facts, admitted unreservedly by the defendant, is this: Ai Na, aged 26, the defendant's third wife lived in Limbang. She arrived in Brunei on July 9, 2006 and stayed at a hotel with the defendant. They moved to a different hotel two days later, the judgment continued.
On July 12, 2006 at about 10pm, the defendant telephoned his friend Chung Yung Woei telling him that he had a fight with Ai Na and to call for an ambulance. Not long after that, the defendant called Chung again to ask why the ambulance was taking such a long time to arrive.
Eventually, responding to Chung's call, paramedics went to a hotel which was the wrong place. But they met the defendant there and he directed them to the hotel where he was staying. He led them to his room where they found Ai Na, who appeared to be dead, lying on the bed. The police were alerted and several officers arrived at the scene.
In his police statements the defendant said that he had an argument with his wife over a report she made at the Kuching Police Station. He said he had punched and kicked her "all over the body". He "used his hands to slap and punch the head and face region and that he used his legs to kick the deceased's legs and body".
The defendant "admits that although he did not intend to cause the death of his wife, his rash act in punching and kicking the deceased all over had caused the death". He surrendered himself to the police that night and cooperated with the investigations. A post mortem carried out by Dr P U Telisinghe, a specialist pathologist in RIPAS Hospital, revealed 163 external injuries on Ai Na's body. Five injuries listed in the report which Dr Telisinghe opined were fatal - (i) oblique contusion with abrasion on the middle of the forehead at the hairline extending to the left 2.5 x 1.5 cm; (ii) 2.5 x 2.0 cm contusion on the left side of the middle of the forehead; (iii) 4 x 3.0 cm contusion on the right side of the forehead just below the hairline; (iv) 2.15 x 1.5 cm contusion on the right upper eyelid at the lateral margin; and (v) I x 0.5 cm contusion on the right side of the face lateral to the right eye.
Ai Na died of subdural haemorrhage as a result of the injuries she suffered, the medical report said.
The defendant is 44 years old and was born in Sarawak. He said in evidence that he started manual work at the age of 13 or 14 because his parents could not afford to pay for his education, the judge said.
He came to Brunei at the age of 19 to work as a building construction worker. From that humble background he subsequently became a major shareholder of a leading building construction company bearing his name with more than 500 employees.
Describing Ai Na as his "common law wife", the defendant said he loved her despite her problems with illicit substances such as drugs, violent temper and inability to conceive until she underwent in-vitro fertilisation.
About the events leading to the death of Ai Na on the night of July 12, 2006 in the hotel, in essence, it was the defendant's story that in the morning he had "sexual intercourse" with his wife but she was unhappy with him when he became too tired. She berated him and accused him of being unfaithful. He left her in the room in order to attend a meeting.
During the day, the defendant said he learnt about a newspaper report that his wife might have been molested by six men in Kuching earlier in the week. He suspected that the bruises he had noticed on her body could be connected to that incident.
Upon returning to the hotel that night the defendant said his wife was asleep. He looked into his wife's handbag and found a police report. After reading the report he woke his wife up and enquired about the Kuching incident. She became verbally abusive. She disparaged his sexual performance, accused him of infidelity and uttered vulgarities. This soon escalated into physical violence.
After the fight the defendant said they had a shower and went to bed and watched television whilst he made a cup of tea and placed a number of business and personal telephone calls.
Later, the defendant recounted that when he tried to wake his wife up for dinner there was no reaction. He tried in vain to resuscitate her and realised there was something terribly wrong. That was when he called his friend Chung for help.
No complaint was made by the defendant about his wife's assault on his private parts either in his three police statements or to the two doctors who examined him. He said he was ashamed to tell anyone and did not appreciate the importance of this occurrence towards mitigating his action.
"I am grateful to Mr Sandhu, counsel for the defendant, for his helpful submissions," the judge said. "I accept the following factors must be considered in the defendant's favour in sentencing: (i) guilty plea; (ii) clear record; (iii) good character; (iv) there was a degree of provocation; (v) offence was committed in the "heat of the moment"; (vi) no weapon was used (vii) remorse of the defendant; (viii) cooperation given to the police; and (ix) compensation offered to the family of the deceased.
"Mr Sandhu submitted, and I accept, that the offence was completely out of character. Through the counsel the court has received 10 testimonials from the defendant's friends, employees and clients: these include a retired Commissioner of Police and a Judge of the Syariah Courts. They speak of the defendant's character in glowing terms: he is honest, reliable, generous and good-natured.
"Counsel for the defendant has referred to a very useful schedule of comparable cases outlining the offences, facts, mitigating and aggravating features, and sentences. Of course each case must be decided on its own facts. But I think two of the cases are of some relevance.
"First, in Public Prosecutor v Jawah Anak Kiroh [19651986] BLR 183, the defendant, aged 80, killed his son by slashing his neck with a parang during a fight. He pleaded guilty to the offence of culpable homicide not amounting to murder contrary to Section 304 of the Penal Code. We do not know whether he was convicted under the first limb of Section 304 (maximum punishment of 15 years' imprisonment) or the second limb of Section 304 (maximum punishment of 10 years' imprisonment). The court accepted that the defendant was under some degree of provocation as his son had "abused" him and kicked him on the face.
Both men had been drinking before the incident. Jones, J C, imposed a sentence of 18 months' imprisonment.
Next is the recent case of Public Prosecutor v Ong Sui Kong [Criminal Trial No 24 of 2005] in which the defendant, aged 29, stabbed his 56-year-old father with a kitchen knife in a fit of anger after he was "told off' for driving his car into a ditch. The father died from his wounds.
Likewise, as in Jawah's case (supra), both father and son were under the influence of alcohol at the time. The defendant pleaded guilty to the offence of culpable homicide not amounting to murder contrary to Section 304(2) of the Penal Code (maximum punishment of 15 years' imprisonment) and was sentenced (by Datin Paduka Hayati, J and Hairol Arni, J C) to three years' imprisonment.
In passing the sentence, the High Court said that the authorities cited demonstrate how widely the facts vary in different cases. This sort of case is difficult when it comes to deciding on an appropriate sentence. It is not a matter of exact science or mathematical formula. The facts vary infinitely and therefore the punishment for them. The extent of the punishment must reflect all the circumstances.
"I think it is safe to say on the facts before the court that the defendant is not a dangerous man in the sense that he is likely to be a danger to the public because he has a violent streak which he cannot control.
"The killing of his wife was the culmination of violent scenes between them. It appears there was considerable provocation. Also, there seems to be some suggestion in the defendant's evidence and mitigation that some of the injuries could have been sustained by his wife in the Kuching incident; and one or more of the injuries to her head which resulted in her death may have been caused when she accidentally fell and hit her head on the toilet bowl during the fight.
"Nonetheless, the defendant's responsibility in causing his wife's death cannot be treated lightly. He went far beyond the bounds of what was reasonable in his actions which resulted in the death of his wife and this is evident in his own plea and admission to the statement of facts.
"The paramount interest must be the public interest. The court must bear in mind in passing the sentence that it must be a sentence as will reflect society's concern for the sanctity of human life.
"Having considered all the circumstances of this miserable affair, I think a starting point of three years' imprisonment is proper.
"Giving credit to the defendant's guilty plea, I sentence him to two years' imprisonment backdated to the date when he was first remanded in custody," Mr Justice Steven Chong said. -- Courtesy of Borneo Bulletin
http://www.brudirect.com/DailyInfo/News/Archive/June07/260607/nite03.htm
Thursday, August 2, 2007
Why would i kii my wife ???
http://www.brudirect.com/DailyInfo/News/Archive/Nov06/041106/nite02.htm
Why Would I Kill My Wife? By Ignatius Stephen
Bandar Seri Begawan - "I loved my wife. Why should I kill her?" That is the question Liew Say Koo, a 45-year-old contractor accused of murdering his wife in the Brunei capital on July 12 at the Orchid Garden Hotel, recounted in a statement to the police after he was arrested.
This statement was tendered in court this week during the Preliminary Inquiry before Magistrate Faisal Pehin Haji Kipli into the murder of Wong Ai Na, 26.
DPP Suriana Bte Hj Radin is representing the Public Prosecutor while the defence was conducted by Mr Daljit Singh Sandhu, Mr Vincent Joseph and Ms Subriana Tan
He said he was shocked when he discovered his wife motionless in bed. He called the ambulance and the police, Liew's statement said. He had no idea she was dead at that time.
Liew, a Malaysian and a top building contractor in Brunei and the husband of the victim, has been charged under Section 302 of the Penal Code and if found guilty, Liew will face the gallows. The late Wong Ai Na from Limbang was his third wife.
The tragedy took place at the hotel on July 12 where Liew and Wong had checked-in two days earlier.
In the hotel they had a family quarrel which ultimately ended up in a fight resulting in the unfortunate death of Wong, the statement said.
The purpose of the Preliminary Inquiry, as provided for under the Criminal Procedure Code of Brunei, is for a magistrate to ascertain a serious charge such as murder whether there is sufficient evidence against an accused. In this instance Liew is charged with the serious crime of Turdering his wife.
If there is sufficient evidence for Liew to be charged, then the magistrate will frame the relevant and remit the case to the High Court for a full hearing before two judges.
If the magistrate is of the opinion that that there is insufficient evidence for Liew to face such serious charge, he can dismiss the charge of murder and release his of this charge.
During the Preliminary Inquiry, the prosecution tendered 60 items including the charge sheet, witnesses' statement and medical evidence.
The prosecution gave a list of 33 witnesses that they would be calling during the hearing. The statements of these witnesses have been given to the defence during the hearing of the preliminary inquiry.
There were also 225 photographs taken of the scene of the crime and many exhibits obtained from the scene. All these were tendered in the Court. During the hearing, each item was taken and given an exhibit number.
In the three statements given by Liew to the police which were tendered at the Preliminary Inquiry, Liew said that there was a quarrel between the two of them and a fight ensued but he did not kill his wife and had no intensions at all of killing his wife. He loved his wife and they had a three-month-old baby boy whom they loved very much.
He said that the fight ensued after he confronted her regarding an unpleasant incident that took place in Kuching on July 9, a day before she came to Brunei.
Instead of explaining to Liew, Wong was very abusive and used extremely foul language to him. This resulted in both parties having a quarrel and ending up in a fight.
After the fight, they were tired and both decided to go to the bathroom to wash and cool down. Then Wong went to bed and slept. Liew made some phone calls overseas to enquire about his son and also made several calls to his suppliers about his business. He boiled some water and watched television in the room while Wong was resting.
Sometime later, Liew decided to wake Wong because it was time for dinner. Then when he tried to wake her up he found that she did not respond. He was shocked. He had no idea at all that Wong had died. He tried to resuscitate her and when she did not respond, he immediately called the ambulance and the police.
Liew went down to the hotel lobby to wait for the ambulance which apparently overshot to another hotel. He ran to catch up with the ambulance and guided the medics to his hotel room. By then the police had arrived.
When the ambulance people saw Wong, they pronounced her dead. Liew was arrested that very night by the police and brought into police custody. Since then, he has been in remand in Jerudong Prison pending the outcome of his case.
At the end of the hearing, the Magistrate reserved his finding till Monday to rule whether the prosecution had made out a sufficient case for Liew to face the charge of murder in the High Court. -- Courtesy of Borneo Bulletin
Why Would I Kill My Wife? By Ignatius Stephen
Bandar Seri Begawan - "I loved my wife. Why should I kill her?" That is the question Liew Say Koo, a 45-year-old contractor accused of murdering his wife in the Brunei capital on July 12 at the Orchid Garden Hotel, recounted in a statement to the police after he was arrested.
This statement was tendered in court this week during the Preliminary Inquiry before Magistrate Faisal Pehin Haji Kipli into the murder of Wong Ai Na, 26.
DPP Suriana Bte Hj Radin is representing the Public Prosecutor while the defence was conducted by Mr Daljit Singh Sandhu, Mr Vincent Joseph and Ms Subriana Tan
He said he was shocked when he discovered his wife motionless in bed. He called the ambulance and the police, Liew's statement said. He had no idea she was dead at that time.
Liew, a Malaysian and a top building contractor in Brunei and the husband of the victim, has been charged under Section 302 of the Penal Code and if found guilty, Liew will face the gallows. The late Wong Ai Na from Limbang was his third wife.
The tragedy took place at the hotel on July 12 where Liew and Wong had checked-in two days earlier.
In the hotel they had a family quarrel which ultimately ended up in a fight resulting in the unfortunate death of Wong, the statement said.
The purpose of the Preliminary Inquiry, as provided for under the Criminal Procedure Code of Brunei, is for a magistrate to ascertain a serious charge such as murder whether there is sufficient evidence against an accused. In this instance Liew is charged with the serious crime of Turdering his wife.
If there is sufficient evidence for Liew to be charged, then the magistrate will frame the relevant and remit the case to the High Court for a full hearing before two judges.
If the magistrate is of the opinion that that there is insufficient evidence for Liew to face such serious charge, he can dismiss the charge of murder and release his of this charge.
During the Preliminary Inquiry, the prosecution tendered 60 items including the charge sheet, witnesses' statement and medical evidence.
The prosecution gave a list of 33 witnesses that they would be calling during the hearing. The statements of these witnesses have been given to the defence during the hearing of the preliminary inquiry.
There were also 225 photographs taken of the scene of the crime and many exhibits obtained from the scene. All these were tendered in the Court. During the hearing, each item was taken and given an exhibit number.
In the three statements given by Liew to the police which were tendered at the Preliminary Inquiry, Liew said that there was a quarrel between the two of them and a fight ensued but he did not kill his wife and had no intensions at all of killing his wife. He loved his wife and they had a three-month-old baby boy whom they loved very much.
He said that the fight ensued after he confronted her regarding an unpleasant incident that took place in Kuching on July 9, a day before she came to Brunei.
Instead of explaining to Liew, Wong was very abusive and used extremely foul language to him. This resulted in both parties having a quarrel and ending up in a fight.
After the fight, they were tired and both decided to go to the bathroom to wash and cool down. Then Wong went to bed and slept. Liew made some phone calls overseas to enquire about his son and also made several calls to his suppliers about his business. He boiled some water and watched television in the room while Wong was resting.
Sometime later, Liew decided to wake Wong because it was time for dinner. Then when he tried to wake her up he found that she did not respond. He was shocked. He had no idea at all that Wong had died. He tried to resuscitate her and when she did not respond, he immediately called the ambulance and the police.
Liew went down to the hotel lobby to wait for the ambulance which apparently overshot to another hotel. He ran to catch up with the ambulance and guided the medics to his hotel room. By then the police had arrived.
When the ambulance people saw Wong, they pronounced her dead. Liew was arrested that very night by the police and brought into police custody. Since then, he has been in remand in Jerudong Prison pending the outcome of his case.
At the end of the hearing, the Magistrate reserved his finding till Monday to rule whether the prosecution had made out a sufficient case for Liew to face the charge of murder in the High Court. -- Courtesy of Borneo Bulletin
http://my.opera.com/Brunei_Darussalam/blog/show.dml/1111369
-->
Two Years For Killing Wife
By Yulz. Tuesday, 26. June 2007, 03:17:42
General, Wife, Kill, Brunei, news, Bad, Murder
These can't be right !! another murder case ? hope he's over it and stop doing such a terrifying thing Brunei is a peaceful country so be it !!!! Come on Bruneian .. lets fight together to stop all those bad thingsBandar Seri Begawan - Wife killer Liew Say Koo will be out of jail by November. Liew killed his wife in June last year, the court heard. Liew's early release is a result of a two-year sentence Brunei High Court Judge Dato Steven Chong passed on Liew yesterday. Liew, 44, a prominent contractor in Brunei, gave himself up to the police when his 26-year-old wife Wong Ai Na was found dead in a hotel room in the Brunei capital on June 12 last year and had been held in prison ever since. His sentence will be backdated to his initial remand in custody, the court ruled. He pleaded guilty to committing a rash act not amounting to culpable homicide by punching and kicking her. For good conduct in prison he could be given the customary one-third remission and therefore earning possible freedom in November. In passing the sentence, the judge remarked that on the facts before the court, even though Liew has a violent streak which he cannot control that is not sufficient enough to call him a dangerous man. The court also commended defence lawyer Mr Daljit Singh Sandhu, who with Mr Vincent Joseph appeared for Liew. Judge Dato Chong thanked Mr Sandhu for his "helpful" submissions. Appearing for the prosecution were Deputy Public Prosecutor Suriana Radin and DPP Farhanah binte Pehin Dato Haji Suhaili Soon after sentencing, friends and relatives rushed towards a much-relieved Liew outside the dock hugging and congratulating him. Liew who had been wearing a "lucky" brick red shirt with designs throughout the three-day trial also embraced his lawyers, thanking them. The court was packed during the trial and Liew flashed a victory sign from the dock briefly glancing at his supporters when the sentence was passed. The judge, reading out the five-page verdict, recalled that Liew, the defendant, was charged in the Magistrate's Court on June 13, 2006 with the murder of his wife, Wong Ai Na, contrary to Section 302of the Penal Code. The penalty for murder is death. On June 18, 2007, the Public Prosecutor preferred an alternative charge against the defendant of causing the death of Ai Na by doing a rash act not amounting to culpable homicide, by punching and kicking her, an offence punishable with a term of up to five years' imprisonment or a fine under Section 304A(2) of the Penal Code. The defendant pleaded guilty to the alternative charge whereupon the Public Prosecutor withdrew the murder charge. The statement of facts, admitted unreservedly by the defendant, is this: Ai Na, aged 26, the defendant's third wife lived in Limbang. She arrived in Brunei on July 9, 2006 and stayed at a hotel with the defendant. They moved to a different hotel two days later, the judgment continued. On July 12, 2006 at about 10pm, the defendant telephoned his friend Chung Yung Woei telling him that he had a fight with Ai Na and to call for an ambulance. Not long after that, the defendant called Chung again to ask why the ambulance was taking such a long time to arrive. Eventually, responding to Chung's call, paramedics went to a hotel which was the wrong place. But they met the defendant there and he directed them to the hotel where he was staying. He led them to his room where they found Ai Na, who appeared to be dead, lying on the bed. The police were alerted and several officers arrived at the scene. In his police statements the defendant said that he had an argument with his wife over a report she made at the Kuching Police Station. He said he had punched and kicked her "all over the body". He "used his hands to slap and punch the head and face region and that he used his legs to kick the deceased's legs and body". The defendant "admits that although he did not intend to cause the death of his wife, his rash act in punching and kicking the deceased all over had caused the death". He surrendered himself to the police that night and cooperated with the investigations. A post mortem carried out by Dr P U Telisinghe, a specialist pathologist in RIPAS Hospital, revealed 163 external injuries on Ai Na's body. Five injuries listed in the report which Dr Telisinghe opined were fatal - (i) oblique contusion with abrasion on the middle of the forehead at the hairline extending to the left 2.5 x 1.5 cm; (ii) 2.5 x 2.0 cm contusion on the left side of the middle of the forehead; (iii) 4 x 3.0 cm contusion on the right side of the forehead just below the hairline; (iv) 2.15 x 1.5 cm contusion on the right upper eyelid at the lateral margin; and (v) I x 0.5 cm contusion on the right side of the face lateral to the right eye. Ai Na died of subdural haemorrhage as a result of the injuries she suffered, the medical report said. The defendant is 44 years old and was born in Sarawak. He said in evidence that he started manual work at the age of 13 or 14 because his parents could not afford to pay for his education, the judge said. He came to Brunei at the age of 19 to work as a building construction worker. From that humble background he subsequently became a major shareholder of a leading building construction company bearing his name with more than 500 employees. Describing Ai Na as his "common law wife", the defendant said he loved her despite her problems with illicit substances such as drugs, violent temper and inability to conceive until she underwent in-vitro fertilisation. About the events leading to the death of Ai Na on the night of July 12, 2006 in the hotel, in essence, it was the defendant's story that in the morning he had "sexual intercourse" with his wife but she was unhappy with him when he became too tired. She berated him and accused him of being unfaithful. He left her in the room in order to attend a meeting. During the day, the defendant said he learnt about a newspaper report that his wife might have been molested by six men in Kuching earlier in the week. He suspected that the bruises he had noticed on her body could be connected to that incident. Upon returning to the hotel that night the defendant said his wife was asleep. He looked into his wife's handbag and found a police report. After reading the report he woke his wife up and enquired about the Kuching incident. She became verbally abusive. She disparaged his sexual performance, accused him of infidelity and uttered vulgarities. This soon escalated into physical violence. After the fight the defendant said they had a shower and went to bed and watched television whilst he made a cup of tea and placed a number of business and personal telephone calls. Later, the defendant recounted that when he tried to wake his wife up for dinner there was no reaction. He tried in vain to resuscitate her and realised there was something terribly wrong. That was when he called his friend Chung for help. No complaint was made by the defendant about his wife's assault on his private parts either in his three police statements or to the two doctors who examined him. He said he was ashamed to tell anyone and did not appreciate the importance of this occurrence towards mitigating his action. "I am grateful to Mr Sandhu, counsel for the defendant, for his helpful submissions," the judge said. "I accept the following factors must be considered in the defendant's favour in sentencing: (i) guilty plea; (ii) clear record; (iii) good character; (iv) there was a degree of provocation; (v) offence was committed in the "heat of the moment"; (vi) no weapon was used (vii) remorse of the defendant; (viii) cooperation given to the police; and (ix) compensation offered to the family of the deceased. "Mr Sandhu submitted, and I accept, that the offence was completely out of character. Through the counsel the court has received 10 testimonials from the defendant's friends, employees and clients: these include a retired Commissioner of Police and a Judge of the Syariah Courts. They speak of the defendant's character in glowing terms: he is honest, reliable, generous and good-natured. "Counsel for the defendant has referred to a very useful schedule of comparable cases outlining the offences, facts, mitigating and aggravating features, and sentences. Of course each case must be decided on its own facts. But I think two of the cases are of some relevance. "First, in Public Prosecutor v Jawah Anak Kiroh [19651986] BLR 183, the defendant, aged 80, killed his son by slashing his neck with a parang during a fight. He pleaded guilty to the offence of culpable homicide not amounting to murder contrary to Section 304 of the Penal Code. We do not know whether he was convicted under the first limb of Section 304 (maximum punishment of 15 years' imprisonment) or the second limb of Section 304 (maximum punishment of 10 years' imprisonment). The court accepted that the defendant was under some degree of provocation as his son had "abused" him and kicked him on the face. Both men had been drinking before the incident. Jones, J C, imposed a sentence of 18 months' imprisonment. Next is the recent case of Public Prosecutor v Ong Sui Kong [Criminal Trial No 24 of 2005] in which the defendant, aged 29, stabbed his 56-year-old father with a kitchen knife in a fit of anger after he was "told off' for driving his car into a ditch. The father died from his wounds. Likewise, as in Jawah's case (supra), both father and son were under the influence of alcohol at the time. The defendant pleaded guilty to the offence of culpable homicide not amounting to murder contrary to Section 304(2) of the Penal Code (maximum punishment of 15 years' imprisonment) and was sentenced (by Datin Paduka Hayati, J and Hairol Arni, J C) to three years' imprisonment. In passing the sentence, the High Court said that the authorities cited demonstrate how widely the facts vary in different cases. This sort of case is difficult when it comes to deciding on an appropriate sentence. It is not a matter of exact science or mathematical formula. The facts vary infinitely and therefore the punishment for them. The extent of the punishment must reflect all the circumstances. "I think it is safe to say on the facts before the court that the defendant is not a dangerous man in the sense that he is likely to be a danger to the public because he has a violent streak which he cannot control. "The killing of his wife was the culmination of violent scenes between them. It appears there was considerable provocation. Also, there seems to be some suggestion in the defendant's evidence and mitigation that some of the injuries could have been sustained by his wife in the Kuching incident; and one or more of the injuries to her head which resulted in her death may have been caused when she accidentally fell and hit her head on the toilet bowl during the fight. "Nonetheless, the defendant's responsibility in causing his wife's death cannot be treated lightly. He went far beyond the bounds of what was reasonable in his actions which resulted in the death of his wife and this is evident in his own plea and admission to the statement of facts. "The paramount interest must be the public interest. The court must bear in mind in passing the sentence that it must be a sentence as will reflect society's concern for the sanctity of human life. "Having considered all the circumstances of this miserable affair, I think a starting point of three years' imprisonment is proper. "Giving credit to the defendant's guilty plea, I sentence him to two years' imprisonment backdated to the date when he was first remanded in custody," Mr Justice Steven Chong said. -- Courtesy of Borneo Bulletin
-->
Two Years For Killing Wife
By Yulz. Tuesday, 26. June 2007, 03:17:42
General, Wife, Kill, Brunei, news, Bad, Murder
These can't be right !! another murder case ? hope he's over it and stop doing such a terrifying thing Brunei is a peaceful country so be it !!!! Come on Bruneian .. lets fight together to stop all those bad thingsBandar Seri Begawan - Wife killer Liew Say Koo will be out of jail by November. Liew killed his wife in June last year, the court heard. Liew's early release is a result of a two-year sentence Brunei High Court Judge Dato Steven Chong passed on Liew yesterday. Liew, 44, a prominent contractor in Brunei, gave himself up to the police when his 26-year-old wife Wong Ai Na was found dead in a hotel room in the Brunei capital on June 12 last year and had been held in prison ever since. His sentence will be backdated to his initial remand in custody, the court ruled. He pleaded guilty to committing a rash act not amounting to culpable homicide by punching and kicking her. For good conduct in prison he could be given the customary one-third remission and therefore earning possible freedom in November. In passing the sentence, the judge remarked that on the facts before the court, even though Liew has a violent streak which he cannot control that is not sufficient enough to call him a dangerous man. The court also commended defence lawyer Mr Daljit Singh Sandhu, who with Mr Vincent Joseph appeared for Liew. Judge Dato Chong thanked Mr Sandhu for his "helpful" submissions. Appearing for the prosecution were Deputy Public Prosecutor Suriana Radin and DPP Farhanah binte Pehin Dato Haji Suhaili Soon after sentencing, friends and relatives rushed towards a much-relieved Liew outside the dock hugging and congratulating him. Liew who had been wearing a "lucky" brick red shirt with designs throughout the three-day trial also embraced his lawyers, thanking them. The court was packed during the trial and Liew flashed a victory sign from the dock briefly glancing at his supporters when the sentence was passed. The judge, reading out the five-page verdict, recalled that Liew, the defendant, was charged in the Magistrate's Court on June 13, 2006 with the murder of his wife, Wong Ai Na, contrary to Section 302of the Penal Code. The penalty for murder is death. On June 18, 2007, the Public Prosecutor preferred an alternative charge against the defendant of causing the death of Ai Na by doing a rash act not amounting to culpable homicide, by punching and kicking her, an offence punishable with a term of up to five years' imprisonment or a fine under Section 304A(2) of the Penal Code. The defendant pleaded guilty to the alternative charge whereupon the Public Prosecutor withdrew the murder charge. The statement of facts, admitted unreservedly by the defendant, is this: Ai Na, aged 26, the defendant's third wife lived in Limbang. She arrived in Brunei on July 9, 2006 and stayed at a hotel with the defendant. They moved to a different hotel two days later, the judgment continued. On July 12, 2006 at about 10pm, the defendant telephoned his friend Chung Yung Woei telling him that he had a fight with Ai Na and to call for an ambulance. Not long after that, the defendant called Chung again to ask why the ambulance was taking such a long time to arrive. Eventually, responding to Chung's call, paramedics went to a hotel which was the wrong place. But they met the defendant there and he directed them to the hotel where he was staying. He led them to his room where they found Ai Na, who appeared to be dead, lying on the bed. The police were alerted and several officers arrived at the scene. In his police statements the defendant said that he had an argument with his wife over a report she made at the Kuching Police Station. He said he had punched and kicked her "all over the body". He "used his hands to slap and punch the head and face region and that he used his legs to kick the deceased's legs and body". The defendant "admits that although he did not intend to cause the death of his wife, his rash act in punching and kicking the deceased all over had caused the death". He surrendered himself to the police that night and cooperated with the investigations. A post mortem carried out by Dr P U Telisinghe, a specialist pathologist in RIPAS Hospital, revealed 163 external injuries on Ai Na's body. Five injuries listed in the report which Dr Telisinghe opined were fatal - (i) oblique contusion with abrasion on the middle of the forehead at the hairline extending to the left 2.5 x 1.5 cm; (ii) 2.5 x 2.0 cm contusion on the left side of the middle of the forehead; (iii) 4 x 3.0 cm contusion on the right side of the forehead just below the hairline; (iv) 2.15 x 1.5 cm contusion on the right upper eyelid at the lateral margin; and (v) I x 0.5 cm contusion on the right side of the face lateral to the right eye. Ai Na died of subdural haemorrhage as a result of the injuries she suffered, the medical report said. The defendant is 44 years old and was born in Sarawak. He said in evidence that he started manual work at the age of 13 or 14 because his parents could not afford to pay for his education, the judge said. He came to Brunei at the age of 19 to work as a building construction worker. From that humble background he subsequently became a major shareholder of a leading building construction company bearing his name with more than 500 employees. Describing Ai Na as his "common law wife", the defendant said he loved her despite her problems with illicit substances such as drugs, violent temper and inability to conceive until she underwent in-vitro fertilisation. About the events leading to the death of Ai Na on the night of July 12, 2006 in the hotel, in essence, it was the defendant's story that in the morning he had "sexual intercourse" with his wife but she was unhappy with him when he became too tired. She berated him and accused him of being unfaithful. He left her in the room in order to attend a meeting. During the day, the defendant said he learnt about a newspaper report that his wife might have been molested by six men in Kuching earlier in the week. He suspected that the bruises he had noticed on her body could be connected to that incident. Upon returning to the hotel that night the defendant said his wife was asleep. He looked into his wife's handbag and found a police report. After reading the report he woke his wife up and enquired about the Kuching incident. She became verbally abusive. She disparaged his sexual performance, accused him of infidelity and uttered vulgarities. This soon escalated into physical violence. After the fight the defendant said they had a shower and went to bed and watched television whilst he made a cup of tea and placed a number of business and personal telephone calls. Later, the defendant recounted that when he tried to wake his wife up for dinner there was no reaction. He tried in vain to resuscitate her and realised there was something terribly wrong. That was when he called his friend Chung for help. No complaint was made by the defendant about his wife's assault on his private parts either in his three police statements or to the two doctors who examined him. He said he was ashamed to tell anyone and did not appreciate the importance of this occurrence towards mitigating his action. "I am grateful to Mr Sandhu, counsel for the defendant, for his helpful submissions," the judge said. "I accept the following factors must be considered in the defendant's favour in sentencing: (i) guilty plea; (ii) clear record; (iii) good character; (iv) there was a degree of provocation; (v) offence was committed in the "heat of the moment"; (vi) no weapon was used (vii) remorse of the defendant; (viii) cooperation given to the police; and (ix) compensation offered to the family of the deceased. "Mr Sandhu submitted, and I accept, that the offence was completely out of character. Through the counsel the court has received 10 testimonials from the defendant's friends, employees and clients: these include a retired Commissioner of Police and a Judge of the Syariah Courts. They speak of the defendant's character in glowing terms: he is honest, reliable, generous and good-natured. "Counsel for the defendant has referred to a very useful schedule of comparable cases outlining the offences, facts, mitigating and aggravating features, and sentences. Of course each case must be decided on its own facts. But I think two of the cases are of some relevance. "First, in Public Prosecutor v Jawah Anak Kiroh [19651986] BLR 183, the defendant, aged 80, killed his son by slashing his neck with a parang during a fight. He pleaded guilty to the offence of culpable homicide not amounting to murder contrary to Section 304 of the Penal Code. We do not know whether he was convicted under the first limb of Section 304 (maximum punishment of 15 years' imprisonment) or the second limb of Section 304 (maximum punishment of 10 years' imprisonment). The court accepted that the defendant was under some degree of provocation as his son had "abused" him and kicked him on the face. Both men had been drinking before the incident. Jones, J C, imposed a sentence of 18 months' imprisonment. Next is the recent case of Public Prosecutor v Ong Sui Kong [Criminal Trial No 24 of 2005] in which the defendant, aged 29, stabbed his 56-year-old father with a kitchen knife in a fit of anger after he was "told off' for driving his car into a ditch. The father died from his wounds. Likewise, as in Jawah's case (supra), both father and son were under the influence of alcohol at the time. The defendant pleaded guilty to the offence of culpable homicide not amounting to murder contrary to Section 304(2) of the Penal Code (maximum punishment of 15 years' imprisonment) and was sentenced (by Datin Paduka Hayati, J and Hairol Arni, J C) to three years' imprisonment. In passing the sentence, the High Court said that the authorities cited demonstrate how widely the facts vary in different cases. This sort of case is difficult when it comes to deciding on an appropriate sentence. It is not a matter of exact science or mathematical formula. The facts vary infinitely and therefore the punishment for them. The extent of the punishment must reflect all the circumstances. "I think it is safe to say on the facts before the court that the defendant is not a dangerous man in the sense that he is likely to be a danger to the public because he has a violent streak which he cannot control. "The killing of his wife was the culmination of violent scenes between them. It appears there was considerable provocation. Also, there seems to be some suggestion in the defendant's evidence and mitigation that some of the injuries could have been sustained by his wife in the Kuching incident; and one or more of the injuries to her head which resulted in her death may have been caused when she accidentally fell and hit her head on the toilet bowl during the fight. "Nonetheless, the defendant's responsibility in causing his wife's death cannot be treated lightly. He went far beyond the bounds of what was reasonable in his actions which resulted in the death of his wife and this is evident in his own plea and admission to the statement of facts. "The paramount interest must be the public interest. The court must bear in mind in passing the sentence that it must be a sentence as will reflect society's concern for the sanctity of human life. "Having considered all the circumstances of this miserable affair, I think a starting point of three years' imprisonment is proper. "Giving credit to the defendant's guilty plea, I sentence him to two years' imprisonment backdated to the date when he was first remanded in custody," Mr Justice Steven Chong said. -- Courtesy of Borneo Bulletin
2 weeks remand forLiew SAy Koo in murder case
2 Weeks' Remand For Man In Murder Case By Rol Ezam
Bandar Seri Begawan - The Bandar Magistrate's Court yesterday granted another two weeks remand for a 43-year-old Malaysian man who allegedly killed his third wife on July 12 this year pending the preliminary inquiry.
The defendant, Liew Say Koo, represented by Mr. Daljit Singh Sandhu, is facing the death penalty on a charge of murdering Malaysian businesswoman Wong Ai Na, 25, in a hotel room in Berakas. The preliminary inquiry is set for November 2. -- Courtesy of Borneo Bulletin
http://www.brudirect.com/DailyInfo/News/Archive/Sept06/220906/nite08.htm
Bandar Seri Begawan - The Bandar Magistrate's Court yesterday granted another two weeks remand for a 43-year-old Malaysian man who allegedly killed his third wife on July 12 this year pending the preliminary inquiry.
The defendant, Liew Say Koo, represented by Mr. Daljit Singh Sandhu, is facing the death penalty on a charge of murdering Malaysian businesswoman Wong Ai Na, 25, in a hotel room in Berakas. The preliminary inquiry is set for November 2. -- Courtesy of Borneo Bulletin
http://www.brudirect.com/DailyInfo/News/Archive/Sept06/220906/nite08.htm
Murder Suspect further remanded - Liew Say Koo
Murder Suspect Further Remanded By Rol Ezam
Bandar Seri Begawan - A 43-year-old Malaysian murder suspect, charged with murdering his third wife, was ordered to be further remanded for another two weeks by the Bandar Magistrate's Court yesterday pending the preliminary inquiry on November 2.
Liew Say Koo, represented by Mr Daljit Singh Sandhu, is currently facing a charge of killing his third wife Wong Ai Na, 25, a Limbang businesswoman on July 12, in a hotel room in Berakas. If convicted, the defendant will face the death penalty. -- Courtesy of Borneo Bulletin
http://www.brudirect.com/DailyInfo/News/Archive/Sept06/080906/nite07.htm
Bandar Seri Begawan - A 43-year-old Malaysian murder suspect, charged with murdering his third wife, was ordered to be further remanded for another two weeks by the Bandar Magistrate's Court yesterday pending the preliminary inquiry on November 2.
Liew Say Koo, represented by Mr Daljit Singh Sandhu, is currently facing a charge of killing his third wife Wong Ai Na, 25, a Limbang businesswoman on July 12, in a hotel room in Berakas. If convicted, the defendant will face the death penalty. -- Courtesy of Borneo Bulletin
http://www.brudirect.com/DailyInfo/News/Archive/Sept06/080906/nite07.htm
Preliminary Inquiry date set for Malaysia Murder Suspect (LIEW SAY KOO)
Preliminary Inquiry Date Set For Malaysian Murder Suspect By Rol Ezam
Bandar Seri Begawan - The Bandar Magistrate's Court yesterday fixed November 2 for preliminary inquiry and granted a defence counsel's application for Liew Say Koo, a 43 -year-old Malaysian murder suspect, to be produced again in court in two weeks' time.
DPP Dyg Suhana bte Hj Sudin yesterday said the police had done with their investigations and all documents requested by the defence team led by Mr Daljit Singh Sandhu, Mr Vincent Joseph and Ms Subrina Tan had been extended to them.
The defendant who appeared before Senior Magistrate Faisal Pehin Hj Kefli was charged with murdering on July 12 this year his third wife, 25-year-old Limbang businesswoman Wong Ai Na, who was found with 164 bruises and other injuries in a hotel room in the capital.
The offence carries the death penalty. The defendant will appear in court on September 7 for further mention. -- Courtesy of Borneo Bulletin
http://www.brudirect.com/DailyInfo/News/Archive/Aug06/250806/nite13.htm
Bandar Seri Begawan - The Bandar Magistrate's Court yesterday fixed November 2 for preliminary inquiry and granted a defence counsel's application for Liew Say Koo, a 43 -year-old Malaysian murder suspect, to be produced again in court in two weeks' time.
DPP Dyg Suhana bte Hj Sudin yesterday said the police had done with their investigations and all documents requested by the defence team led by Mr Daljit Singh Sandhu, Mr Vincent Joseph and Ms Subrina Tan had been extended to them.
The defendant who appeared before Senior Magistrate Faisal Pehin Hj Kefli was charged with murdering on July 12 this year his third wife, 25-year-old Limbang businesswoman Wong Ai Na, who was found with 164 bruises and other injuries in a hotel room in the capital.
The offence carries the death penalty. The defendant will appear in court on September 7 for further mention. -- Courtesy of Borneo Bulletin
http://www.brudirect.com/DailyInfo/News/Archive/Aug06/250806/nite13.htm
Subscribe to:
Posts (Atom)