Court of Appeal upholds acquittal of two charged as child offenders in 2019 Serian murder

File photo of the Kuching Court Complex.

By Dorcas Ting

KUCHING, Jan 27: The Court of Appeal on Monday (Jan 26) dismissed the prosecution’s appeal and upheld the acquittal and discharge of two respondents who were charged as child offenders in the 2019 murder of a 27-year-old man in Serian.

The respondents were charged under Section 302 of the Penal Code for the alleged murder, which was said to have occurred between 2.45am and 3.50am on Sept 22, 2019, along the road between Kampung Resak and Kampung Diang. At the time of the charge, they were aged 17 and 16 respectively and classified as child offenders. They are now aged 24 and 23.

After the prosecution called 20 witnesses, the Kuching High Court, presided over by Judicial Commissioner Dato Dr Alwi Abdul Wahab, ruled that the prosecution had failed to establish a prima facie case.

The court found that the evidence presented was insufficient and riddled with material contradictions, leading to the discharge and acquittal of both accused.

Dissatisfied with the decision, the prosecution filed a notice of appeal against the High Court’s ruling on Sept 26, 2024.

However, a three-member panel of the Court of Appeal comprising Datuk Mohamad Zaini Mazlan, Datuk Ismail Brahim, and Muniandy a/l Kannyappan unanimously dismissed the appeal after hearing submissions from both parties.

In delivering its decision, the appellate court held that, upon evaluating the totality of the evidence, the prosecution’s case contained material gaps, inconsistencies, and fundamental flaws. The panel ruled that it was unsafe to call for the defence and found no valid reason to interfere with the findings of the High Court.

The prosecution was represented by Deputy Public Prosecutor Cik Atiqah Abdul Karim @ Husaini, while the respondents were represented by counsel Jong Yee Ling and Hajah Osman Ibrahim respectively. — DayakDaily