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KUCHING: The Sessions Court here today acquitted and released two men who were charged with robbery using sharp weapons, namely a sword and a knife.
Judge Musli Abdul Hamid ordered the release of both accused aged 23 and 26 after the complainant personally appeared in court to withdraw the police report against them.
Additionally, the 20-year-old complainant testified in court that the withdrawal of his report was made voluntarily without any coercion, and he understood the implications of the withdrawal.
Meanwhile, based on the complainant’s testimony, the court found that the prosecution failed to establish a prima facie case against both defendants.
According to the charges, they were accused of jointly committing armed robbery using a machete and a knife against a 20-year-old victim at a 24-hour convenience store on Jalan Song at around 3.58 am on October 23, 2023.
During the incident, several items were stolen, including RM2,047.10 in cash, 24 packets of various cigarettes worth RM408.60, and six units of electronic cigarettes valued at RM150.
Therefore, both defendants were charged under Section 395 of the Penal Code, read together with Section 397 of the Penal Code, which carries a maximum penalty of 20 years in prison and may be subjected to caning upon conviction.
The prosecution was handled by Deputy Public Prosecutor Cynthia Emmelda Jerry, while the defendants were represented by lawyers Rusell Lim, Jong Yee Ling, and Brendan Ting.