By Dorcas Ting
KUCHING, June 12: A chicken trader was acquitted and discharged today by the Sessions Court here over a charge of causing serious injury to a man with a golf club in an incident that took place nearly three years ago.
Judge Iris Awen Jon ruled that the prosecution had failed to establish a prima facie case against Abdul Malek Faisal Kamil, as the evidence presented did not conclusively identify him as the assailant, thereby bringing the trial to an end at the prosecution stage.
The accused had been charged under Section 326 of the Penal Code, which pertains to voluntarily causing grievous hurt with a dangerous weapon. The offence carries a sentence of up to 20 years in prison and may also involve a fine or whipping upon conviction.
According to the charge, the incident occurred at a village in Krokong, Bau at around 10am on September 25, 2022. The 28-year-old victim was reportedly waiting for a friend when he was approached by three unknown men. One of them allegedly struck him on the head with a golf club, causing severe injuries.
The victim was rushed to the hospital, where doctors confirmed he had suffered a skull fracture and internal bleeding. He later underwent surgery on September 27, 2022.
During the trial, defence lawyer Athur Liang Dawat argued that there was significant doubt in the victim’s identification of the assailant. He pointed to inconsistencies and a lack of clarity in witness testimonies, which, he said, undermined the reliability of the prosecution’s case.
He maintained that the attacker’s true identity had not been clearly established, casting reasonable doubt on whether his client was the person responsible.
Deputy Public Prosecutor Mohamad Aiman Mutallib Mohamad Shariff led the prosecution, calling six witnesses to testify.
With the court’s ruling today, Abdul Malek walks free from the charge. – DayakDaily
