KUCHING, April 8: The prosecution has withdrawn the appeal against two former police inspectors who were acquitted from the charge of causing grievous hurt to one Kamarul Zamrizal, which took place in 2012.
Mohd Ezri Azmar Pavel and Mohd Hazril Mohamed Yusof were police inspectors with the Royal Malaysian Police Force attached at Jabatan Siasatan Jenayah, Ibu Pejabat Polis Kontinjen, Sarawak and were initially jointly charged with the murder of Kamarul Zamrizal bin Kamaruzaman at the D7 Office, Bangunan Jabatan Siasatan Jenayah, Ibu Pejabat Polis Kontinjen Sarawak, Jalan Nagor, Kuching, at about 7pm on Nov 4, 2012.
They were charged for the victim’s murder, which apparently took place while the victim was still in a coma while in police detention.
On Feb 13, 2015, High Court Judge Dato’ Rhodzariah Bujang acquitted Mohd Ezri and Mohd Hazril, after she ruled that their defence had raised reasonable doubt on the prosecution’s case.
Dissatisfied with the decision of the High Court to acquit and discharge Mohd Ezri and Mohd Hazril, the prosecutor had filed an appeal to the Court of Appeals.
On Dec 11, 2015, the Court of Appeals ordered the respondents to enter their defence on a reduced charge for an offence of voluntarily causing grievous hurt under Section 325 of the Penal Code, read together with section 34 of the same Code.
On April 28, 2017, after the close of the defence case, the High Court acquitted and discharged both respondents of Section 325 of the Penal Code charge.
On May 5, 2017, the prosecution appealed to the Court of Appeal against the decision of the High Court in acquitting the respondents.
On April 9, 2018, the Court of Appeal dismissed the prosecution’s appeal against the decision of the High Court and upheld all the findings of facts made by the High Court at the close of prosecution and defence case and found that the prosecution failed to establish the Section 325 Penal Code Charge.
On April 18, 2018, the prosecution appealed the decision of the Court of Appeal on April 9, 2018, to the Federal Court.
However, on April 6, 2021, the prosecution represented by DPP Nahra Dollah wrote to the Court to discontinue the appeal against the respondents.
The respondents are represented by Counsel Shankar Ram. — DayakDaily
