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By Dorcas Ting
KUCHING, Oct 1: Appeal by the prosecution against the Sessions Court’s decision to discharge and acquit a fisherman of charges of voluntarily causing hurt to two men with dangerous weapons, has been dismissed by the High Court here today.
The fisherman – Zamsuri Tambi, 49, was accused of voluntarily causing hurt to Dupasana @ Lupasana Zaiton with a sickle, at Jalan Hashim Jaafar, at about 2.21am on June 2, 2018.
For this, he was charged under Section 324 of the Penal Code, which carries a maximum imprisonment term of ten years or with fine or with whipping, or with any two of such punishment, upon conviction.
On another victim, Ahmad Nazree Dupasana, Zamsuri was also charged under Section 326 of the Penal Code, for voluntarily causing grievous hurt with a sharp-edged object, at the same time and location.
For these two charges, Zamsuri was called to enter his defence on Nov 19, 2020. On Nov 30, 2020, Sessions Court Judge Dayang Ellyn Narissa discharged and acquitted Zamsuri of his charges as she found that the defence had raised reasonable doubts in the prosecution’s case.
The prosecution later appealed against the said sentence by Sessions Court to the Kuching High Court.
Due to inconsistent evidence of the plaintiffs’ witnesses, casting doubts on the prosecution’s case, High Court Judge Datuk Zaleha Rose Pandin, thus, today dismissed the appeal.
Deputy Public Prosecutor Musli Abdul Hamid appeared for the prosecution while the respondent Zamsuri was represented by Senior Counsel Shankar Ram, Counsel Russell Lim, Yu Ying Ying and Brendan Ting. — Dayakdaily