Kota Kinabalu: Four men, including a fireman, were freed by the Magistrate’s Court here of a charge of voluntarily causing hurt to a man in an incident nine years ago.
Magistrate Wan Farrah Farriza Wan Ghazali acquitted and discharged Jhon Jacob, 32, George Elah, 50, Pressley Josep, 37, and James Elah, 46, of the charge at the end of their defence.
In delivering the ruling Wan Farrah said the Court had carefully examined the entirety of the evidence presented and found that there was reasonable doubt in the prosecution’s case.
“Upon reviewing the testimonies of both prosecution and defence witnesses, the exhibits tendered, as well as submissions from both sides, this Court finds that the prosecution has failed to prove the charge beyond reasonable doubt.
“The defence, meanwhile, has succeeded in raising reasonable doubt. Accordingly, this Court finds all four accused not guilty. They are hereby acquitted and discharged of the charge,” she ruled, before ordering their full release.
The four were accused of committing the offence to a 35-year-old man, John Markanie Goh, on Feb 2, 2016, at 5pm, along Jalan Kg Timbuk, Telipok.
They had on Sept 27, 2022 claimed trial for the charge under Section 323 of the Penal Code.
Six defence witnesses gave evidence during the defence stage, while the prosecution had called seven witnesses to testify.
The four men were represented by defence counsel Azhier Farhan Arisin and Muhamad Amirul Amin.
Deputy Public Prosecutor Muhammad Haikal Hazwan appeared for the prosecution.
In another case, a 61-year-old man was charged with molesting a 20-year-old woman last week.
Gerard Idit pleaded not guilty before Magistrate Dzul Elmy Yunus to committing the offence against the woman on April 9, this year, at 2pm, in the banquet office of a hotel here.
The offence under Section 354 of the Penal Code carries a jail term of up to 10 years or fine or with whipping or with any two of such punishment.
The court fixed June 13 for pre-trial case management and released the accused on a bail of RM2,000 in two sureties.
Inspector Mohamad Hamidi Mohamad Hamzah earlier proposed bail of RM4,000.
