By Dorcas Ting
KUCHING, May 3: The Sessions Court here has discharged and acquitted a man for allegedly causing grievous hurt to another man by using a ‘guan dao’, a type of Chinese polearm, in 2021.
Sessions Court Judge Afidah Binti Abdul Rahman today discharged and acquitted Francis Chang Ze, 21, after refusing to grant the prosecution’s application for the accused to be discharged not amounting to acquittal.
Judge Afidah ruled that the accused is to be acquitted and discharged due to the fact that the prosecution’s excuse was “unacceptable”, as they requested to adjourn the trial dates on the basis that the present Investigating Officer has been transferred to another department and therefore requires more time to procure a new Investigating Officer.
Judge Afidah further held that the trial date has been fixed as early as November 2022 and there have been multiple adjournments granted in between, and it was no excuse for the prosecution to claim that there are no prosecution witnesses ready for trial today.
According to the preferred charge, Francis allegedly voluntarily caused grievous hurt to Chiew Zhang Cheng by means of a sharp weapon at about 11.06pm on Dec 22, 2021 at Bistro DS Home, Gala City, Jalan Tun Jugah.
He was charged under Section 326 of the Penal Code, which carries a punishment of imprisonment for a term which may extend to twenty years and liable to fine or whipping upon conviction.
Deputy Public Prosecutor Iezzah Iburdanisha Binti Ibrahim appeared for the prosecution, while the accused was represented by counsels Shankar Ram, Russell Lim and Yu Ying Ying. — DayakDaily
