KUALA LUMPUR: He claimed to have been following orders from his superior while on duty at a roadblock by swinging a plank at a motorcyclist, who made a sudden U-turn in the motorcycle lane.
But rookie policeman Mohd Izwan Sahak's action resulted in the death of factory worker Ramli Othman, and the constable was charged with his murder.
He claimed trial to the murder of Ramli, 25, at 13th Mile, Puchong, at 1pm on May 26, 2002, and was held in remand for six years.
Yesterday, the High Court, which reduced Izwan's charge to culpable homicide not amounting to murder at the end of the prosecution's case in 2006, found him guilty and sentenced him to the maximum term of 10 years' jail.
The bespectacled Izwan, 26, appeared emotionless as judge Muhamad Ideres Muhamad Ra-pee read out his decision.
Muhamad Ideres found him guilty after a full trial which saw 13 witnesses for the prosecution.
Only Izwan, who had been on duty for fewer than three months at the time of the incident, testified in his defence.
Several family members and his mother were present in court, some of whom were seen crying as Izwan was led out of court by police after he was sentenced.
Deputy public prosecutor Awang Armadajaya Awang Mahmud said that although Izwan's moral assessment report showed that he expressed regret about the incident, his not-guilty plea was not a testament to it.
"A regret begins with someone admitting his action. He has denied the charge. It is fit to say that he is afraid of the punishment, but not sorry for his action."
Awang Armadajaya cited the post-mortem report, which showed that Ramli had two big wounds and either one could have been fatal.
"He also had smaller wounds. This shows that Ramli was beaten repeatedly. A person who enforces the law should first show respect for it as an example to the public."
He added that although Izwan claimed that he was following orders, Ramli's traffic offence did not warrant such a severe action.
"He took the victim to the hospital only after Ramli's relative begged him to do so.
"As a policeman, he should have done it immediately. The court should show that it is not biased in sentencing anyone."
It was reported that prior to the incident, Ramli and his friend were on a motorcycle heading for a nearby workshop. Both were not wearing helmets and Ramli's L-licence had expired.
When they approached the roadblock near a toll plaza, Ramli was said to have made a sudden U-turn in the motorcycle lane.
Two policemen gave chase on foot and one of them allegedly swung a plank at Ramli and his friend.
It was reported that Ramli received the full impact of the blow, lost control of the motorcycle and crashed.