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Kota Kinabalu: Two men were discharged and acquitted of a joint gang robbery charge while their co-accused was sentenced to 12 years’ jail and two strokes of the cane by the Sessions Court here.

Sessions Court Judge Amir Shah Amir Hassan acquitted Sharizan Sablee, 26, and Zamree Said, 37, after ruling that they had raised reasonable doubt in the prosecution’s case, while convicting Mohd Melvin Matdi, 38, following a full trial.

The court ordered Mohd Melvin to serve the sentence from the date of his arrest on March 10, 2024, after finding him guilty of a reduced charge of robbery under Section 392 of the Penal Code, which carries a jail term of up to 14 years and is also punishable with a fine and whipping upon conviction.

In delivering the decision, the court held that the element of gang robbery under Section 395 of the Penal Code could not be established after Sharizan and Zamree were acquitted, but ruled that the prosecution had proven the offence of robbery against Mohd Melvin beyond reasonable doubt.

The trio had initially been jointly charged under Section 395 with robbing a 40-year-old woman of her handbag at the Pasar Tamu site in Manggatal on March 7, 2024, with Deputy Public Prosecutor Bryan Francis appearing for the prosecution, while Mohd Melvin was represented by counsel Sylvester Kuan and the other two accused were unrepresented.