By Dorcas Ting
KUCHING, June 27: A 31-year-old businessman was today discharged and acquitted by the Sessions Court today of committing armed gang robbery at Jalan Gambier, here, on Feb 24 this year.
The prosecution rested their case today after both parties submitted their oral submissions.
The defence maintained there was no case to answer because the prosecution failed to prove a prima facie case. Accused Abdul Mutalib Mauk Abdul Rahim was charged as an accomplice, whereas the real robber escaped and could not be traced.
The identification parade only focussed on identifying the suspect through back appearance.
Sessions Court judge Dayang Ellyn Narisa Abang Ahmad then discharged and acquitted the accused.
Abdul Mutalib was charged with committing gang robbery with one still at large with a `parang’ (machete) against Noor Amiza Aziz, 18, at Kedai Trimaju Cold Storage at about 4.30am.
The charge was framed under Section 395 of the Penal Code and read together with Section 397 of the same Code, which carries an imprisonment term that may extend to 20 years and also liable to whipping upon conviction.
DPP Ruthra Raj prosecuted, while the accused was represented by lawyer Osman Ibrahim. — DayakDaily