The Borneo Post (Sabah)

Two friends acquitted of murdering Filipino man

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SHAH ALAM: This Ramadan and Aidifitri will be the most memorable for two friends after they were discharged and acquitted of murdering a Filipino man by the High Court here without calling for their defence.

Judge Datuk Ghazali Cha decided to discharge Saffry Affendy, 41, and Mukhlis Bakar, 44, after he was satisfied that the prosecutio­n had failed to prove a prima facie case.

Ex-policeman Saffry and contract labourer Mukhlis who were represente­d by counsel Mohd Fadhly Yaacob while prosecutio­n was conducted by Mahathir Mohd Khairudin.

In his judgement, Justice Ghazali among others touched on doubts on the identify of the dead victim when there were two identities involving the same body.

Based on the statements of one of the witnesses, one of the identities belongs to a man with mental disorder who is still alive in Sabah and the matter was confirmed by the investigat­ion officer who took the statement of the individual’s younger brother.

Apart from that, the court also found the failure of several material witnesses such as the younger brother of the individual who was said to have the same identity with the deceased also affected the prosecutio­n’s case.

A total of 14 prosecutio­n witnesses were called to testify in the trial which began last year.

Saffry and Mukhlis were jointly charged with the murder of Hakim Asamad at Lot 1354, Off Jalan Sungai Jati, Jalan Kampung Jawa, Klang, at about 12.30am on Aug 25 2014.

The body of the victim which was slashed on the neck was found a rubbish dump in Klang.

The two friends were arrested on Sept 10 2014 and were charged under Section 302 of the Penal Code which was read together with Section 34 of the same code which provides for the death penalty if found guilty.

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