JOHOR BARU: A fisherman and an odd job worker were found not guilty by the High Court here in the murder of a Road Transport Department (JPJ) officer in Pontian more than four years ago.
Judicial Commissioner Dr Shahnaz Sulaiman acquitted and discharged Mohammad Khalifah Yahya, 27, and S. Ragu, 41, over the murder of Jaiman Sapar yesterday.
The two were charged with murdering Jaiman at a house in Parit Pak Intan, Pontian, at around 12.30pm on Jan 27, 2017.
They were charged under Section 302 of the Penal Code with murder, read together with Section 34 of the same Act, which carries the death sentence upon conviction.
In her decision, Shahnaz said the injuries suffered by the deceased could not be self-inflicted but the alibi provided by the second accused was not investigated.
“There was no evidence that there were bloodstains on the first accused or second accused’s clothing.“Had the first or second accused inflicted the injury, which killed the deceased, there would be bloodstains on their clothing.
“According to another eyewitness, the first accused had thrown a screwdriver into Sungai Pontian Besar and gave evidence that the injuries were most likely caused by a knife or a similar weapon,” she said.
The court found it was not established if a screwdriver could have caused the injuries on the deceased.
Shahnaz added that a television brought into court said to be from the deceased’s house did not have any marking to identify it as such.
“Having considered all the evidence, this court finds that the prosecution has failed to prove the case beyond reasonable doubt,” she said.
Shahnaz said in accordance with Section 182A(3) of the Criminal Procedure Code, both the accused were acquitted and discharged.
Deputy Public Prosecutor Siti Norliza Abdullah prosecuted the case while lawyer Md Zahar Ngah represented Mohammad Khalifah. Ragu was represented by lawyers Datin Freda Sabapathy, Foo Fang Leong and Veeranesh Babu.