Murder due to conflict during the process of digging ditches to lay electric cables

On the morning of September 22, the People's Court of Nghe An province sentenced defendant Pham Van Ninh (born in 1966, residing in Le Mao ward, Vinh city, Nghe An) formurderin case of mental agitation.

Defendant Ninh at trial. Photo: An Quynh

Previously, on May 16, 2021, Pham Van Ninh and a number of workers were constructing a low-voltage power pole at Nghi Kim 18 transformer station (Hamlet 15, Nghi Kim Commune, Vinh City). While digging a ditch to lay electric cables, Nguyen Van H. (born in 1978, residing in Hamlet 15, Nghi Phu Commune) came twice to threaten and prevent them from working, with the reason being:because the ditch digging area is in front of the outer fence of Mr. H's house.

Mr. H. came to stop the ditch excavator with the reasonbecause Mr. Pham Van Ninh "worked without drawings and construction permit".

Mr. Ninh replied, "My house was built according to the drawings and has a permit from the government," but Mr. H. did not listen and asked the group of workers to stop.

At around 10 o'clock, Mr. H. came back and said to Mr. Ninh, "You broke my water pipe." Mr. Ninh replied, "What kind of water pipe would break?"

Mr. H. raised his voice again: "This asphalt road is also my house, if it doesn't go through me, it can't be built anymore." Mr. Ninh replied: "After the construction is completed, the city agency will come to inspect and return the site to its original state," but Mr. H. did not agree and continued to threaten and obstruct the construction.

At around 10:50, Mr. H. continued to threaten and prevent. Seeing Mr. H. was hot-tempered, Mr. Pham Van Ninh left behind the excavator. Mr. H. went to the front of the machine and asked him to stop leveling. Meanwhile, Mr. Ninh went down to the ditch to collect the excess electric wire and a sharp knife, usually used to cut trees and cables, to rest.

Because of his anger, Mr. H. jumped over the fence and rushed in, punching Mr. Ninh twice in the shoulder and chest with his right hand.

At this time, with his left hand holding a cable and his right hand holding a knife, because he was suddenly attacked by Mr. H. and could not control himself, Mr. Ninh stabbed Mr. H once.

Mr. H. ran home holding his stomach and was taken to the emergency room by his neighbors. However, due to the wound hitting a vital area, Mr. H. died at 5:00 p.m. on May 20, 2021. The forensic examination concluded that the cause of death was due to perforation of the small intestine and colon, causing generalized peritonitis.

During the questioning and debate at the trial as well as based on the documents and evidence that have been examined, the panel of judges determined that the prosecution of the defendant Ninh for the crime of murder under Clause 2, Article 123 was the right person, the right crime, and the right law.

In this case, the defendant has no aggravating circumstances. There are many mitigating circumstances such as: the defendant has surrendered, confessed honestly, and repented. Defendant Pham Van Ninh has influenced his family to compensate the victim with 130 million VND, his uncle is also a martyr...

Considering the entire case, the panel decided to sentence Pham Van Ninh to 7 years in prison for murder in a state of mental agitation. The defendant was ordered to pay 1.5 million VND/month in child support for the victim’s mother and two young children. At the same time, the defendant was ordered to pay for medical treatment, funeral expenses and compensation for mental damage to the victim’s family. The total amount of compensation was nearly 270 million VND.