KUCHING: The Court of Appeal has upheld the acquittal of two men charged with the 2019 murder of a 27-year-old man, ruling that the prosecution’s case was riddled with inconsistencies and material gaps.
A three-judge panel comprising Datuk Mohamad Zaini Mazlan, Datuk Ismail Brahim, and Muniandy Kannyappan unanimously agreed there was no reason to overturn the earlier High Court decision, which had acquitted and discharged the accused.
Delivering the court’s judgment, Datuk Mohamad Zaini said the prosecution’s evidence contained contradictions and weaknesses that made it unsafe to proceed against the accused, who are now 23 and 24 years old.
“The Court of Appeal unanimously agrees that there is no valid reason to disturb the decision of the High Court,” he said.
The High Court had, on February 20, 2024, acquitted and discharged both men of a charge under Section 302 of the Penal Code, read together with Section 34 of the same Code.
The offence carries the death penalty, or alternatively, imprisonment for a term of between 30 and 40 years and whipping of not less than 12 strokes upon conviction.
High Court Judge Datuk Dr Alwi Abdul Wahab noted that the prosecution failed to establish a prima facie case after calling 20 witnesses. He highlighted significant weaknesses and inconsistencies in the testimony of a key witness, pointing out that the investigation was not conducted thoroughly. Evidence indicated that the deceased was already lying on the road before the first accused, who was 17 at the time, accidentally ran over him with a motorcycle, causing injuries to himself as well.
“As such, it is unsafe to rely solely on the testimony of that witness without corroboration,” Dr Alwi said.
According to the charge, the two respondents, who were aged 16 and 17 at the time of the incident, were jointly accused of committing murder with common intention along a road between Kampung Resak and Kampung Diang in Serian, between about 2.45 am and 3.50 am on Sept 22, 2019.
Following the High Court’s decision, the prosecution filed a Notice of Appeal against the entire ruling on Sept 26, 2024.
The prosecution was conducted by Deputy Public Prosecutor Atiqah Abdul Karim @ Husaini, while the two accused were represented by lawyers Jong Yee Ling and Osman Ibrahim.
