SHAH ALAM: A lorry driver has been sentenced to death for strangling his lover's husband after the woman refused to go on with the affair three years ago.
Judicial Commissioner Wong Teck Meng, in handing out the sentence to Jaafar Ngamil, 45, at the High Court here, said the defence had failed to raise reasonable doubt against the prosecution's case.
Jaafar was found guilty of murdering Jamingan Hambali, 44, in a car in the vicinity of Kampung Banting in Sabak Bernam, Selangor, between 9.07pm on June 22, 2014, and 8.30am on June 23, 2014.
He was charged under Section 302 of the Penal Code, which carries the mandatory death penalty upon conviction.
image: http://bcp.crwdcntrl.net/5/c=5593/b=40228375
Twelve prosecution witnesses and one defence witness had been called to testify during the trial, which began on Jan 11 last year.
In his ruling, JC Wong said the 10th prosecution witness, who is Jaafar's nephew, testified that he was asked to drive the car while Jaafar sat in the back.
"The witness was then asked to stop near the victim's house to let him in, where he sat in the front passenger seat.
"While the vehicle was moving, the accused quarrelled with the victim and the witness saw the accused choking the victim's neck using both hands, causing the victim to struggle and finally become still.
"The forensics specialist also testified that the cause of death was due to the pressure on his neck that caused asphyxiation," he said.
Jaafar had argued in his defence that his action of choking Jamingan from behind was in response to a sudden provocation, as he was trying to protect his nephew from being beaten up.
"The accused also claimed that unpaid salary was the cause of the fight," JC Wong added. "However, the accused could have filed a civil suit against the victim.
"Also, the accused had undue advantage because he was sitting in the back while the victim was in front, making it hard for the latter to escape during the attack," he added.
JC Wong also said it was clear that Jaafar had the intention to murder Jamingan and it was not due to any provocation.
Jaafar appeared calm and kept his head bowed while the sentence was pronounced.
Earlier, in mitigation, Jaafar's counsel, who did not want to be named, said his client was a divorcee with three children and a 65-year-old mother to provide for.
He said Jaafar had no prior criminal record.
A sobbing middle-aged woman and three teenagers were seen kissing Jaafar's hand before he was led out of the courtroom.
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