Thursday, 9 June 2016 | MYT 4:01 PM
THE STAR
Judicial commissioner and guilty man both weep during sentencing
\
KUALA LUMPUR: A High Court judicial commissioner cried when he sentenced an unemployed man to 20 years' jail for causing the death of his elderly neighbour during an attempted robbery.
Judicial Commissioner Mohamad Shariff Abu Samah broke down several times and wiped his tears when he read out his judgment against the accused, Rasid Osias, 36.
"You killed an elderly woman just because you claimed you wanted to borrow her pail and actually wanted to rob her. It is sad, " the judicial commissioner sobbed.
In reading out a lengthy judgment, JC Mohamad Shariff said he could not find any reason to justify Rasid killing the elderly woman.
"She is of different race but she is your elderly neighbour. You kill an elderly woman and it is like murdering your own mother," he said on Thurday.
Rasid admitted to an alternative charge of causing the death of his neighbour Swa Kim Chia @ Chua Ah May, 71, at her flats in Jalan Union off Jalan Sentul at 6.30pm on July 23, 2014.
JC Mohamad Shariff said "the elderly mother should have been able to enjoy her remaining years happily with her friends but had died in a tragic manner.”
Upon hearing this, Rasid, who stood in dock while handcuffed, broke down and bowed his head and wiped his tears.
JC Mohamad Shariff then advised Rasid to repent his actions.
However, he said the court has to impose a deterrent sentence against Rasid as the society did not forgive such sinful acts and that it involved public interest.
He said he also considered the trauma which would be gone through by the family members of the victim each time they used the same bathroom.
At the outset, lawyer Lim Boon Kong, 51, read out a victim impact statement (VIS) over the death of Swa who was babysitting her four-year-old granddaughter.
According to the statement of facts, Rasid had gone to Swa's house and expressed his wish to borrow a pail from her. When Swa went to her bathroom to get the pail, he had followed her and took a knife and stabbed her in her chest.
Swa was found to have seven stab wounds in a post-mortem
A neighbour, Tai Shir Ling, who heard her screams, had rushed to the unit and found Swa's four-year-old granddaughter lying in the living room. Tai later saw the accused whose jeans and hands full of blood left the place.
Rasid had gone to his flat unit to wash his hands and changed his clothes and came back to the victim's house where he was arrested by the police.
A 31-cm "Kiwi" knife was recovered with the victim's DNA while Swa's nails and bloodstains on the floor had the accused’s DNA.
Rasid pleaded guilty after seven prosecution witnesses has testified in the murder trial. In July, 2014, Rasid was originally charged with the murder of the elderly woman.DPP Nurakmal Farhan Aziz had asked for deterrent sentence saying that it was a pre-meditated offence and the accused has taken advantage of the elderly neighbour and that his actions involved a high degree of cruelty.
Judicial commissioner and guilty man both weep during sentencing
\
KUALA LUMPUR: A High Court judicial commissioner cried when he sentenced an unemployed man to 20 years' jail for causing the death of his elderly neighbour during an attempted robbery.
Judicial Commissioner Mohamad Shariff Abu Samah broke down several times and wiped his tears when he read out his judgment against the accused, Rasid Osias, 36.
"You killed an elderly woman just because you claimed you wanted to borrow her pail and actually wanted to rob her. It is sad, " the judicial commissioner sobbed.
In reading out a lengthy judgment, JC Mohamad Shariff said he could not find any reason to justify Rasid killing the elderly woman.
"She is of different race but she is your elderly neighbour. You kill an elderly woman and it is like murdering your own mother," he said on Thurday.
Rasid admitted to an alternative charge of causing the death of his neighbour Swa Kim Chia @ Chua Ah May, 71, at her flats in Jalan Union off Jalan Sentul at 6.30pm on July 23, 2014.
JC Mohamad Shariff said "the elderly mother should have been able to enjoy her remaining years happily with her friends but had died in a tragic manner.”
Upon hearing this, Rasid, who stood in dock while handcuffed, broke down and bowed his head and wiped his tears.
JC Mohamad Shariff then advised Rasid to repent his actions.
However, he said the court has to impose a deterrent sentence against Rasid as the society did not forgive such sinful acts and that it involved public interest.
He said he also considered the trauma which would be gone through by the family members of the victim each time they used the same bathroom.
At the outset, lawyer Lim Boon Kong, 51, read out a victim impact statement (VIS) over the death of Swa who was babysitting her four-year-old granddaughter.
According to the statement of facts, Rasid had gone to Swa's house and expressed his wish to borrow a pail from her. When Swa went to her bathroom to get the pail, he had followed her and took a knife and stabbed her in her chest.
Swa was found to have seven stab wounds in a post-mortem
A neighbour, Tai Shir Ling, who heard her screams, had rushed to the unit and found Swa's four-year-old granddaughter lying in the living room. Tai later saw the accused whose jeans and hands full of blood left the place.
Rasid had gone to his flat unit to wash his hands and changed his clothes and came back to the victim's house where he was arrested by the police.
A 31-cm "Kiwi" knife was recovered with the victim's DNA while Swa's nails and bloodstains on the floor had the accused’s DNA.
Rasid pleaded guilty after seven prosecution witnesses has testified in the murder trial. In July, 2014, Rasid was originally charged with the murder of the elderly woman.DPP Nurakmal Farhan Aziz had asked for deterrent sentence saying that it was a pre-meditated offence and the accused has taken advantage of the elderly neighbour and that his actions involved a high degree of cruelty.
