9 hours ago
Man jailed 20 years for causing death of pregnant wife during rough sex
SANDAKAN – A man has been sentenced to 20 years in prison after he was found guilty of causing the death of his six-month pregnant wife while engaging in rough sex.
High Court judge Datuk Celestina Stuel Galid handed down the sentence against Mohd Rusdi Mohd Nor, 38, at the High Court here on Wednesday after the prosecution succeeded in proving the case beyond reasonable doubt.
Rusdi was charged with causing the death of medical officer Dr Azma Ab Rajab, 36, without intent.
The offence was committed at a condominium in Jalan Utara, here, between 1am and 10am on Nov 9, 2022.
The accused who was unemployed, was convicted under Section 304(a) of the Penal Code which carries a prison sentence of up to 30 years and a fine, upon conviction.
In delivering her judgment, the judge said the court had taken into account the mitigating factors raised by the defence, statements from the victim's family, as well as the prosecution's submissions on the considerations relevant to sentencing.
The court also took into account that there was no evidence indicating that the killing was premeditated, nor there were any signs of prior violence leading up to the incident.
Galid also acknowledged the fact that the incident had led to the loss of an unborn child and the accused's claim that the death was accidental and happened during a violent sexual activity.
When given the chance to address the court, Rusdi expressed his remorse and apologised for the tragedy.
'I know it is incredibly painful for Azma's family to lose a sister and daughter.
'But as her husband, who had only recently married her, the loss cuts even deeper for me. I sincerely ask for forgiveness once again," he said, his voice trembling.
In pleading for leniency, his lawyers Datuk Ram Singh and Prem Elmer Ganasan said their client was remorseful and regretful over the incident, which occurred spontaneously and without any intent to kill the victim.
In his submission, Ram said this was Rusdi's first offence and the latter had given full cooperation to the police throughout his detention.
He said there were no signs or indications of strangulation, with the only injuries found being around the mouth, nose and both sides of the neck.
'There was no evidence indicating quarrels between them during their marriage and the incident occurred after five months of marriage,' he said.
Meanwhile, deputy public prosecutor Risal Abd Fikkah said the evidence presented in court showed that the cause of death was asphyxia due to smothering and not an instant death.
'The act caused the victim to lose her last breath while struggling to stay alive.
'The prosecution would also like to remind that at the time of her death, the deceased was pregnant with their first child, who was also the child of the accused,' he said.
Risal said the victim in this case was a medical officer serving in the Emergency Department at Duchess of Kent Hospital, Sandakan.
He said the victim had carried out all the responsibilities expected of a medical officer even while pregnant.
'Despite being burdened with the duties of a medical officer, she never failed in her responsibilities as a wife to the accused.
'She still managed to serve her husband despite being exhausted after long hours of duty, but in the end, tragically met her death at the hands of the very man she served.
'She had dedicated her life to saving others, but ultimately could not save herself.
'The accused, who was the deceased's husband, did not bear any financial responsibilities, as the deceased was the sole breadwinner during their time living in Sandakan,' he said.
During the trial, the prosecution called 23 witnesses to the stand, while the defence called two witnesses who were the accused and a forensic consultant.
