Child offenders discharged, acquitted of murdering man

KUCHING: Two child offenders walked free yesterday after the High Court here discharged and acquitted them of murdering a 27-year-old man in Serian.

Judge Datuk Dr Alwi Abdul Wahab made the decision after finding that the prosecution had failed to establish a prima facie case against the two child offenders, who were 17 and 16 years old during the incident in 2019.

In passing the decision, Alwi stated that the evidence of one of the prosecution witnesses had suffered from infirmities, contradictions and was unworthy of credit.

“It is trite law when there is a conflict of evidence in the prosecution’s case, which is also serious in this case, which involves the offence of murder involving child offenders.

“As such, it is not safe to rely on PW19’s (prosecution witness 19) evidence alone without corroboration.

“The court finds that the prosecution had failed to make up a prima facie case against both child offenders,” said Alwi.

The two offenders, now aged 22 and 21, were charged under Section 302 of the Penal Code read together with Section 34 of the same Code.

They were accused of having murdered a 27-year-old man at a road between Kampung Resak and Kampung Diang in Serian, between 2.45am and 3.50am on Sept 22, 2019.

Twenty witnesses were called to testify in this case.

The first offender was represented by counsel Lim Lian Kee, and the second offender by counsels Osman Ibrahim, Nur Atiqah Kulah and Ernie Natasha Azman.

The case was prosecuted by DPP Aidatul Azura Zainal Abidin.

According to previous news report, the body of a man covered in blood was discovered lying on the middle of the road between Kampung Resak and Kampung Diang in Serian, around 4am on Sept 22, 2019.

Following this discovery, four suspects aged between 16 and 19 were arrested to assist in the investigation.

It is understood that the four and the victim were drunk at the time, leading to an argument to break out between them.