Tuesday, November 25, 2008




The High Court here yesterday acquitted a local man charged with murdering his three-year-old daughter two years ago.

“On hearing the foregoing evidence, I find the accused, Freddy Marginim, not guilty of the offence as charged by reason of his unsoundness of mind as contained in Section 84. He is therefore acquitted under Section 347 of the Criminal Procedure Code (CPC), under which I specifically find that he did commit the act in question,” said Datuk Nurchaya Hj Arshad in acquitting Freddy, 28, of the charge under Section 302 of the Penal Code which provides the death sentence on conviction.

“Pursuant to Section 348 (i) of the CPC, I order that the accused be kept in safe custody in the Kepayan Prison and I shall report the orders herein to the Yang di Pertua Negeri of Sabah so that an order may be made by the TYT pursuant to Section 348 (ii) thereof which reads; the ruler may order that person to be confined in a psychiatric hospital during the pleasure of the state,” Nurchaya added.

During the proceedings, Freddy’s parents and his close family members were present in the court.

After the court delivered the judgement, Counsel Arthur Bornie who represented the accused, explained to his client the outcome of the judgment. Freddy was accused of murdering his daughter Diana bt Freddy at a room of an unnumbered house in Kampung Pogunon, Penampang about 11pm on August
17, 2006.

He was ordered to enter his defence of the murder charge on Sept 3 this year after the court ruled that the prosecution had established a prima facie case against him.

Two witnesses were called during the trial before the defence closed its case. The accused was currently remanded under Section 259 of the Criminal Procedure Code as the alleged offence provides no bail.

Deputy Public Prosecutor Jamil Aripin prosecuted the case.