Fabian Adiu Edwin

SABAH MAN FACES DEATH FOR BUS STOP MURDER

27 Sep 2011

SOURCE: The Straits Times

A 35-YEAR-OLD security guard lost the $6 in his wallet, his cellphone, ez-link card and his life in a vicious attack by two men at a Sims Avenue bus stop three years ago.

Mr Loh Ee Hui, who had two skull fractures, died in hospital 41/2 hours after the Aug 23, 2008 attack.

Yesterday, one of his attackers, construction worker Fabian Adiu Edwin, 22, was found guilty of murder.

His accomplice, Ellarry Puling, a 27-year-old cleaner, was convicted of robbery with hurt.

They are both from Sabah.

Justice Chan Seng Onn noted that Ellarry had testified that Fabian hit Mr Loh until he fell and that the duo had not planned to beat him to death.

During the 10-day trial that ended in April, Fabian insisted that the blows “just happened” to have landed on Mr Loh’s head.

He had also told police that his plan was to hit Mr Loh on the head to make it easier to rob him.

But in his judgment, Justice Chan expressed incredulity that all three blows landed “on the back of the head and nowhere else”.

He also noted that Fabian, when put on the stand, could not explain the inconsistency between his “plan” and what eventually happened.

Defence lawyers Anand Nalachandran and Jansen Lim had told the court that Fabian’s low IQ of between 77 and 85 qualified him for diminished responsibility.

The IQ of a normal person is 90 to 110.

But Justice Chan said Fabian fully understood what he was doing. Ellarry had acted as the lookout while Fabian struck Mr Loh with a heavy piece of wood.

Arrested two weeks later, Fabian had Mr Loh’s ez-link card on him, and Ellarry, their victim’s cellphone.

Mr B. Rengarajoo and Mr Balvir Singh Gill represented Ellarry, who will be sentenced later.

He faces up to 20 years’ jail and 12 or more strokes of the cane for robbery with hurt.

Fabian faces the death sentence.

The pair’s lawyers were assigned by the Supreme Court.

http://thecourtroom.stomp.com.sg/stomp/courtroom/case_of_the_day/772504/sabah_man_faces_death_for_bus_stop_murder.html

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