Two murder accused walk free after prosecution fails to establish prima facie case

The court complex in Kuching.

By Dorcas Ting

KUCHING, Feb 20: Kuching High Court Judge Dato Alwi Abdul Wahab has ordered the acquittal and discharge of two youths accused of murder without their defense being called.

This decision follows the prosecution’s failure to establish a prima facie case against the accused individuals, who were aged 16 and 17 at the time of the offence and are now aged 21 and 22.

The two accused persons were charged with the murder of Raju Jinny, under Section 302 of the Penal Code, read together with Section 34 of the same code.

The murder purportedly occurred on September 22, 2019, between 2.45am and 3.50am, at the middle of the road between Kampung Resak and Kampung Ngiang Serian, in the district of Serian, Sarawak.

They were charged with having the common intention to commit murder by causing the death of Raju, who was aged 27 then.

Despite an extensive trial, involving testimony from 20 prosecution witnesses and the tendering of approximately 119 exhibits, the prosecution failed to provide sufficient evidence to establish a prima facie case against the accused individuals.

In light of this deficiency in evidence, Justice Alwi ordered the acquittal and discharge of the two accused.

Deputy Public Prosecutor Aidatul Azura Zainal Abidin prosecuted while both of the accused persons were represented by counsel Lim Lian Kee. — DayakDaily