Jong (left) and Osman with the two respondents after proceedings.
KUCHING (Jan 27): The Court of Appeal here on Monday affirmed the discharge and acquittal of two youths accused of the 2019 murder of a 27-year-old man on the road between Kampung Resak and Kampung Diang, Serian.
The coram panel consisting of Datuk Mohamad Zaini Mazlan, Datuk Ismail Brahim, and Muniandy Kannyappan unanimously made the ruling after finding that the totality of evidence in the prosecution’s case contained material gaps, contradictions, and flaws.
In this case, the circumstances were deemed “not safe” or insufficient to call for the defence of both respondents, now aged 24 and 23.
Deputy public prosecutor Atiqah Abdul Karim appeared on behalf of the appellant, whereas the respondents were represented by Osman Ibrahim and Jong Yee Ling.
At the time they were charged, both respondents were aged 17 and 16 and were classified as child offenders.
They were charged under Section 302 of the Penal Code for the alleged murder of the victim between 2.45am and 3.50am in the middle of the road between the two villages on Sept 22, 2019.
The Section carries the death penalty or imprisonment for a term between 30 and 40 years upon conviction, and if the death penalty is not imposed, the offender shall also be punished with no fewer than 12 strokes of the cane.
On Feb 20, 2024, Kuching High Court Judge Datuk Dr Alwi Abdul Wahab ruled to discharge and acquit both accused.
The decision followed the prosecution’s failure to prove a prima facie case against them due to “insufficient credible evidence and material contradictions in witnesses’ testimonies”.
A total of 20 prosecution witnesses were called to testify during the trial.
A notice of appeal was filed by the prosecution on Sept 26, 2024 against the entire decision.
The post Appeals court upholds acquittal of underaged accused in 2019 Serian murder case appeared first on Borneo Post Online.
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