Duo convicted for assault and causing death

21 May 2013

SHAH ALAM: Two men were jailed for taking the law into their own hands when they assaulted a Nigerian student and caused his death after they claimed they were cheated by him.

High Court judge Noor Azian Shaari sentenced security guards V. Ganesan, 29, to one year’s jail for causing hurt to Nwabudike Emmanuel Chukwuma, 27, and T. Kumar, also 29, to seven years’ jail for causing his death.

They pleaded guilty to committing the offences at a house No. 48, Jalan PUJ 2/15, Taman Puncak Jalil in Seri Kembangan at 2.30am on April 23 last year.

In her decision, Noor Azian said Ganesan and Kumar did not have the right to take the victim's life even if he had cheated them.

"Even if he was a conman, you should not take his life. If he really cheated you, you should have called the police to arrest him," she told them.

"Let this be a lesson to you and to the public not to take the law into your own hands. What is done is done, and you have to pay for your actions."

She ordered the two to begin serving their terms from the date of their arrest on April 23.

According to the facts, the accused went to Chukwuma's house in Taman Puncak Jalil to meet him and there was a war of words.

Kumar then attacked the victim by punching him several times on his body, face and head. When the victim fell to the ground, Kumar dragged him out of the house to the road and began kicking him.

Ganesan had also punched and kicked the victim twice.

Upon seeing the incident, the neighbours alerted the police and the victim was sent to the hospital. He had 29 injuries.

Chukwuma died two days later of head injury due to blunt force trauma.

In mitigation, counsel Datuk N. Sivananthan, who represented both Ganesan and Kumar, said they had no intention to cause the victim's death as they were unarmed when they went to confront him.

"I was told that the victim has a cheating case still pending at a Sessions Court in Malacca and that he was in the country illegally as his visa had expired," he said.

"They too were afraid of the victim as he was tough built."

He said they were angry when they committed the offences and were now remorseful.

DPP Muhamad Asyraf Md Kamal pressed for a deterrent sentence due to the severity of the injuries inflicted by the accused.

"The victim had 29 injuries even though the accused were unarmed," he said, adding that they should have taken matters into their own hands.

Ganesan and Kumar were initially charged with murdering Chukwuma and had claimed trial.

They pleaded guilty after the prosecution offered them the reduced charges.