Kota Kinabalu: A 32-year-old labourer was on Friday acquitted by the High Court here of a charge of murdering an undocumented man in Penampang three years ago.
Judicial Commissioner Ratanah Devi Yusof Perumal discharged and acquitted Najib Adam without calling for his defence on the charge under Section 302 of the Penal Code read together with Section 34 of the same Code.
In her ruling, Ratanah said that upon a maximum evaluation of the evidence, the prosecution had failed to establish a prima facie case against Najib.
She said there was no nexus linking him to the offence, no eyewitness placing him at the scene and he was not subjected to any identification parade.
The court also found no direct or circumstantial forensic evidence, including DNA, blood, fingerprints or other trace evidence, to connect him to the crime or the deceased.
Meanwhile, his co-accused, Mohd Hazrul Migo Masan, 33, who was the first accused, was ordered to enter his defence after the court found that the prosecution had established a prima facie case against him under Section 302 of the Penal Code.
The court set June 16, 18 and 19 this year for Hazrul’s defence.
Hazrul, a storekeeper, informed the court that he opted to give evidence on oath from the witness box.
The charge stated that Najib and Hazrul and seven more accomplices, who are still at large, were jointly accused of murdering one Al Sam Amil, an undocumented foreigner, on Dec 24, 2023, between 4.44am and 6.42am, at the roadside of Jalan SMK Bahang, Penampang.
The charge carries a sentence of either the death penalty or imprisonment for not less than 30 years but not exceeding 40 years and if not sentenced to death, shall be punished with whipping of not less than 12 strokes for male convicts below 50 years of age, on conviction.
The prosecution had called 11 witnesses to testify during the prosecution stage.
Deputy Public Prosecutor Lovely Natasha Charles prosecuted.
Najib was represented by counsel Datuk Ram Singh and Prem Elmer Ganasan while Hazrul was defended by counsel Jamadi Saleh.
In another court, a 42-year-old woman was fined RM25 or three days’ jail by the Magistrate’s Court here for threatening another woman.
Norasikin Ladjasal pleaded guilty before Magistrate Dzul Elmy Yunus to threatening one Rohana @ Arenawatti Abdul Wahab with intent to cause alarm and fear at a premises here at 11.30am on Jan 28, this year.
The prosecution informed the court that the incident occurred when the complainant, Rohana was photocopying a contract for Norasikin.
Norasikin suddenly snatched the document from the complainant, leading to a heated argument between them, which escalated into a physical scuffle, causing disturbance and public alarm.
Investigations, supported by witness statements, confirmed that both parties were involved in the altercation.
Meanwhile, Rohana, 53, claimed trial to a similar charge of threatening Norasikin.
Both Norasikin and Rohana were separately charged under Section 8(1)(e) of the Minor Offences Ordinance (Sabah) carries a fine of up to RM25 or imprisonment of up to one week, on conviction.
The court set May 14 for pre-trial case management and released Rohana on a bail of RM1,800 in two sureties.
Inspector Mohamad Hamidi Mohamad Hamzah prosecuted.
