Trio told to enter defence on charge of robbing, injuring man

KOTA KINABALU: Four men jointly charged with committing robbery and causing injury to a man were ordered by the Sessions Court here to enter their defence on January 21.

Judge Azreena Aziz made the order on Lionil Peter, 21, Hardi Datu Samporna, 23, Mohammad Sobri Mohd Som, 21 and Jeffry John, 27, after she ruled that the prosecution had established a prima facie case against the four accused.

The ruling was delivered without the presence of Hardi, who was issued a warrant of arrest on July 26, 2019, but had yet to be prosecuted since he could not be located.

Therefore, the trial had proceeded in the absence of Hardi.

Azreena ordered all of the accused to enter their defence on a main charge under Section 394 of the Penal code and for Lionil, Mohammad Sobri and Jeffry to enter their defence on an alternative charge under Section 392 of the same Code.

For the main charge, the men were accused of robbing Maslan

Poloh, 23, and voluntarily caused hurt to him at a motorcycle parking space in Imago Shopping Mall here at 2 am on January 15, 2019.

The offence comes under Section 394 of the Penal Code which carries a jail term of up to 20 years and whipping, on conviction.

For the alternative charge, Lionil, Mohammad Sobri and Jeffry were alleged to have robbed the same victim of his Vivo handphone, US dollar and Korean currencies at the same place and time.

They were jointly charged under Section 392 of the Penal Code which provides for a jail term of up to 14 years and liable to a fine or whipping, upon conviction.

All of the accused, who appeared without counsel, opted to give their statements under oath in the defence stage.

The prosecution had called six witnesses in the prosecution stage.

Deputy public prosecutor Siti Amirah Muhammad Ali prosecuted.