Two brothers freed from man’s murder
Published on: Tuesday, May 21, 2024
By: Jo Ann Mool
Amelati held that there was a serious doubt on the identity of the deceased as the investigating officer admitted that the name Samsul Robet was not the real name.
Kota Kinabalu: Two brothers walked out as freemen on Monday after the High Court here released them from a charge of murdering a man in Manggatal five years ago.
Halil Mastar, 29, and his half-brother Hendrey Jul, 31, were discharged and acquitted by Judicial Commissioner Amelati Parnell without their defence being called.
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In delivering the ruling, Amelati held that the court found that the prosecution failed to prove each ingredient of the charge and that the prosecution failed to establish a prima facie against both Halil and Hendrey.
Amelati held that there was a serious doubt on the identity of the deceased as the investigating officer admitted that the name Samsul Robet was not the real name.
The evidence in the examination-in-chief differs from the investigating officer’s evidence during cross examination.
His evidence was unsafe to act on, held Amelati, among others.
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The brothers, who were unemployed, were jointly accused of murdering Samsul (without documents) on Nov 14, 2019, between 11pm and 11.30pm, at the bridge of Kg Numbak, Manggatal.
The offence under Section 302 of the Penal Code carries a sentence of either a 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.
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Fifteen witnesses testified in the trial at the prosecution stage.
Deputy Public Prosecutor Azreen Yas Mohamad Ramli prosecuted.
Halil and Hendrey were represented by assigned counsels Hamid Ismail and Goldam Hamid.
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