KOTA KINABALU: A man who accidentally shot his son with a 'bakakuk' (a type of homemade gun) during a scuffle with his ex-wife, was sentenced to nine years' jail for attempted murder.
Gubit Kuwou, 58, pleaded guilty before Sessions Court judge, Elsie Primus to committing the offence under Section 307 of the Penal Code which provides for imprisonment of up to 20 years upon conviction.
Gubit had committed the offence between 2pm and 3pm on Oct 18, 2020 at an oil palm plantation in Kampung Kerongkom Laut in Kota Marudu.
The charge stated that the 6-year-old son sustained injuries to his wrist and thigh.
According to the facts of the case, during the incident, the accused went to his ex-wife's house and invited her to go to a grocery store.
Their 15-year-old daughter and the victim also followed them.
On their way back home, the accused tried to persuade his wife to restart their relationship but the wife rejected him.
Gubit then walked towards a pile of palm leaves, pulled out a bakakuk and pointed it at his ex-wife.
Seeing the accused with the bakakuk, his ex-wife held the victim's hand and both of them tried to run away.
At the same time, she heard a shot being fired and also saw the accused load bullets into the bakakuk.
The ex-wife then pounced on the accused with the help of her daughter. During the scuffle, another shot was fired.
They only realised the victim was shot and suffered serious injuries after the accused was nabbed and tied up with the help of others who came to help upon hearing shouting and gunshots.
In pleading for a lenient sentence, the accused, who was represented by National Legal Aid Foundation counsel Ram Singh, informed the court that the couple were divorced in the Native Court in Kota Marudu on Aug 18, 2020, about two months before the incident.
Ram said the couple have six children and the accused claimed his wife asked for a divorce and the accused had consented to her request.
He said, on the day of the incident, after they went to buy food for the family, the accused asked for permission to take the victim to stay with him but his ex-wife refused.
"So, a quarrel ensued and the ex-wife said many things to the accused. Of course, the accused admitted taking the shotgun to frighten the ex-wife but he never intended to harm anybody.
"He did load bullets inside the bakakuk and wanted to point it on the ground. Unfortunately, the ex-wife ran towards him and he was taken aback and accidentally pulled the trigger.
"When the accused saw the shots hit his son, he fainted, and when he woke up, he was tied and police were there to arrest him," he said.
Ram also submitted that the accused who is a first-time offender was willing to accept whatever punishment the court imposed on him.
Gubit, who was given a chance to say something in the court, merely asked for the court's mercy to run his imprisonment from the date he was arrested.
"I'm very remorseful. The incident happened because I lost my patience and judgment. I promise not to commit any crime again," he said, adding that he loves his son very much and was grateful he was still alive.
Gubit, who had not seen the victim since the incident, burst into tears as photos of his son were tendered to court and shown to him.
He requested to keep a photo to remember his child, to which the court consented.
Deputy Public Prosecutor Mas Izzaty Lokman urged the court to impose a heavy sentence saying the accused had committed a serious offence.
She said even though the accused accidentally shot his son, he had been in possession of a bakakuk, which was a weapon that could cause serious injury or death.
She further asked the court to take into consideration the age of the victim, and the trauma he suffered having been shot by his own father.