SANDAKAN: An Indonesian labourer was freed by the High Court here on Monday from a charge of murdering his wife, three years ago.
High Court Judge Saiful Azian Mokhtar discharged and acquitted Saharudiin Palanco, 42, after ruling the defence successfully raised reasonable doubt over the prosecution's case.
The court among others, found that the prosecution's failure to call an offered witness had denied the accused a fair trial, while the defence had filed a notice of alibi before the trial commenced, prompting the court to draw an adverse inference under Section 114(g) of the Evidence Act 1950.
Saharudiin was accused of murdering his wife, fellow Indonesian Hasna Hadi, between 7am and 1pm on July 12, 2022, at a security guard's office on an estate at Batu 27, here.
The offence under Section 302 of the Penal Code, which carries the death penalty or such other punishment as provided under current law upon conviction.
Eleven prosecution and two defence witnesses were called to testify during the hearing which was held on Nov 10, 11 and 13, 2025, before continuing on Feb 15 and April 10, this year.
Deputy Public Prosecutor Risal Abd. Fikkah conducted the prosecution, while Saharudiin was represented by counsels Mohamad Syazwan Shah Mohamad Ali and Nigel Neong Kaning.
