Duo in Kuching discharged from gang robbery charge after complainant withdraws report

KUCHING (Oct 10): The Sessions Court here today discharged and acquitted two men from a charge of committing armed gang robbery at a shop in Jalan Song Thian Cheok last year.

Judge Musli Ab Hamid made the order after the complainant in the case informed the court of his decision to withdraw his police report against the two accused.

The complainant said the withdrawal of his report was made voluntarily and without any force, and that he understood the nature and consequence of his action.

In addition, the judge also ruled that the prosecution had failed to prove a prima facie case against the two men.

The pair was charged under Section 395 of the Penal Code read together with Section 397 of the same Code, which provides for a jail term of up to 20 years and whipping, on conviction.

Based on the charge, they allegedly committed a gang robbery with a samurai sword and a knife at the shop at around 3.58am on Oct 23, 2023.

The prosecution was conducted by Deputy Public Prosecutor Cynthia Emmelda Jerry, while the accused were represented by lawyers Russell Lim, Jong Yee Ling and Brendan Ting.