KUALA LUMPUR – Two Chilean tourists who were sentenced to two years in prison for their role in the death of a Malaysian in 2017 are set to be released in a few days but will not be able to leave the country until an appellate procedure presented by the prosecution is resolved.
Felipe Osiadacz, a 27-year-old engineer, and Fernando Candia, a 30-year-old chef, were taken to an immigration detention center in Kuala Lumpur from the prison on Tuesday after completing their jail term.
The Chileans, who were in provisional prison since August 2017, traveled to the detention center in a police vehicle, along with other detainees.
Osiadacz said – from the vehicle – that he was unaware of the procedures that would follow in the next few days.
Their lawyer, Venkateswari Alagendra told EFE that the Chileans will be freed when the authorities hand them their visas, which could take some days.
Their passports, however, will remain in the custody of the court and they will not be able to leave the country, Alagendra added.
Last Thursday, in a surprise move, the state prosecutors had presented an appellate procedure against the two-year jail sentence handed out to the duo – who had pleaded guilty to reduced charges of culpable homicide – on Nov. 15.
The prosecution had offered a reduction of the charges and argued for three years in prison.
However, the judge had decided to reduce the punishment to two years and the sentence was further reduced by a third for good behavior and for days spent in pre-trial detention.
The two Chileans were detained on Aug. 4 in 2017 after they killed a Malaysian during a scuffle in a hostel in Kuala Lumpur.
The two maintain they acted in self-defense and were only trying to neutralize their attacker.
The victim – reportedly a man dressed like a woman – who died of asphyxia, was identified as Yusaini Bin Ishak and was allegedly under the influence of several drugs.