THE Kuala Lumpur High Court sentenced a Nigerian man to death after convicting him of murdering his four-year-old step-grandson by throwing the child from the third floor of an apartment in the capital six years ago.
Judge K Muniandy imposed the death sentence on Ibekwe Emeka Augustine, 48, after considering the full facts of the case.
Augustine was charged with causing the death of his step-grandson at an apartment unit in Setapak between 7.45am and 8.15am on November 29, 2020.
The charge was brought under Section 302 of the Penal Code, which provides for the death penalty or, alternatively, imprisonment of between 30 and 40 years and not fewer than 12 strokes of the cane.
In the same proceedings, Augustine was also sentenced to five years’ imprisonment, to run concurrently, after being found guilty on four other charges arising from the same incident.
These included attempting to murder his biological son, causing grievous hurt to his wife, attempting suicide, and committing sexual assault against his stepdaughter.
For the charge of attempting to murder his seven-year-old biological son, Augustine was prosecuted under Section 307 of the Penal Code, which carries a maximum jail term of 10 years and a fine upon conviction.
The charge of intentionally causing grievous hurt to his wife, who was 48 at the time, was framed under Section 325 read together with Section 326A of the Penal Code, which provides for imprisonment of up to seven years and a fine.
Augustine was also charged under Section 309 of the Penal Code for attempting suicide, an offence punishable by up to one year’s imprisonment, a fine, or both.
For sexually assaulting his 25-year-old stepdaughter, he was charged under Section 377CA of the Penal Code, which carries a sentence of up to 20 years’ imprisonment and whipping.
In delivering his decision, Judge Muniandy said that after evaluating all the evidence, including mitigation raised by the defence and the accused himself, the court found that all the offences were committed within a single day.
He said the inhumane and despicable acts could have been stopped when Augustine’s wife tried to intervene, but the accused continued his actions after severely injuring her.
“The impact of the incident caused all the victims to suffer trauma and to flee the house to avoid even worse acts being committed against them,” the judge said.
“They later found their grandchild lifeless on the ground after he was thrown by the accused, who then attempted to take his own life,” he added.
Judge Muniandy said the accused’s actions could not be excused on the grounds that he was under the influence of drugs or intoxicating substances.
The prosecution was conducted by Deputy Public Prosecutor Zaileen Nadia Zubir. Augustine was represented by lawyer Zulkifly Awang, who told the court that an appeal would be filed against the death sentence imposed on his client. - January 9, 2025
