The Kuala Lumpur High Court on Thursday sentenced a Nigerian national to death by hanging after finding him guilty of murdering his step-grandson by throwing the four-year-old child from the third floor of an apartment in the city six years ago.
According to Berita Harian, Justice K. Muniandy handed down the sentence to Ibekwe Emeka Augustine, 48, after evaluating the totality of evidence presented before the court.
Augustine was charged with causing the death of his step-grandson at an apartment in Setapak between 7.45am and 8.15am on November 29, 2020.
The charge was brought under Section 302 of the Penal Code, which carries a mandatory death sentence or, alternatively, a prison term of between 30 and 40 years with not fewer than 12 strokes of the cane.
In the same trial, Augustine was also sentenced to five years’ imprisonment, to run concurrently, after being convicted on four other charges. These included attempting to murder his biological son, causing grievous hurt to his wife, attempting suicide, and sexually assaulting his stepdaughter at the same location, date and time.
The charge of attempting to murder his seven-year-old biological son was framed under Section 307 of the Penal Code, which provides for a maximum of 10 years’ imprisonment and a fine.
For intentionally causing grievous hurt to his wife, who was 48 at the time, Augustine was charged under Section 325 read together with Section 326A of the Penal Code, an offence punishable with up to seven years’ imprisonment and a fine.
The attempted suicide charge was brought under Section 309 of the Penal Code, which carries a penalty of up to one year in prison, or a fine, or both.
Meanwhile, the sexual assault charge involving his 25-year-old stepdaughter was filed under Section 377CA of the Penal Code, which provides for a sentence of up to 20 years’ imprisonment and whipping.
In delivering judgment, Justice Muniandy said all the offences were committed within a single day, after weighing the evidence and the mitigating factors advanced by the defence.
He noted that the series of acts could have been stopped when the accused’s wife attempted to intervene, but Augustine continued despite inflicting serious injuries on her.
“The incident left all the victims traumatised and forced them to flee the house to prevent further harm.
“They later found the child’s lifeless body on the ground after he was thrown from the apartment, before the accused attempted to take his own life,” he said, as quoted by the national daily.
Justice Muniandy further ruled that the offences could not be justified on the basis that the accused was under the influence of drugs or intoxicating substances.
The prosecution was led by Deputy Public Prosecutor Zaileen Nadia Zubir, while Augustine was represented by counsel Zulkifly Awang, who informed the court that an appeal would be filed against the death sentence.
