SIBU: A Chinese national who pleaded guilty to dangerous driving resulting in the death of Sabah State Courts director Marutin Pagan, was today sentenced to five years’ imprisonment and fined RM20,000, in default three months’ jail, by the Magistrate’s Court here.
Kuala Lumpur Sessions Court Judge Rosli Ahmad, to whom the case was previously reassigned, ordered that Sun Xue Song’s jail term take effect from the date of his arrest on March 30.
Sun, 42, was charged under Section 41(1) of the Road Transport Act 1987, which carries a maximum penalty of 10 years’ imprisonment and a fine of up to RM50,000 upon conviction.
Rosli said the court took into account the accused’s plea of guilt, the circumstances of the offence, mitigation presented and the broader public interest.
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“I accept the accused’s guilty plea and convict him as charged. After considering all circumstances, I sentence him to five years’ imprisonment from the date of arrest and a RM20,000 fine, in default three months’ imprisonment,” he said.
The court also ordered that Sun be disqualified from holding a driving licence for five years from the date of the charge and for his passport to be returned upon completion of his sentence.
In mitigation, Sun’s counsel Terence Tiong Ing Jie submitted that the accused, an engineering graduate, had lawfully entered Malaysia for employment to support his 70-year-old mother and seven-year-old son.
He further noted that the accused had no prior convictions, had fully cooperated with the authorities, voluntarily surrendered himself following the accident and expressed sincere remorse over the victim’s death.
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“The accused made a bereavement payment of RM70,000 to the deceased’s wife, not as an attempt to seek leniency but as a sincere act of compassion,” said Tiong.
The court was also informed that the collision occurred along a known accident-prone stretch of Jalan Kanowit-Durin.
According to the statement of facts, the incident occurred on March 30 at approximately 1 pm when the accused was driving a Proton X70 along Jalan Kanowit-Durin towards the Kanowit roundabout.
At the same time, a Toyota Fortuner driven by Margaretha Jeramy Marutin, with four passengers, including the deceased, Marutin Pagan, was already navigating the roundabout.
Sun failed to stop and give way at the designated road markings and dangerously entered the roundabout, resulting in a collision which caused the Fortuner to overturn and land on its side outside the roundabout.
Marutin sustained multiple injuries and was rushed to Kanowit Hospital, where he was later pronounced dead. A post-mortem confirmed the cause of death as “head and chest injuries due to a road traffic crash.”
Sun initially claimed trial on April 7 before Magistrate Romario Jonoi but changed his plea to guilty during pre-trial case management on May 16.
The case was initially handled by Magistrate Oon Kork Chern, who later recused himself due to a personal acquaintance with the deceased. The matter was then reassigned to Judge Rosli Ahmad.
Deputy public prosecutor Cynthia Emmelda Jerry conducted the prosecution.
