FREE MAN: Ady (centre) walks out a free man.
KUCHING: An Indonesian national walked away a free man yesterday after the Court of Appeal cleared him of a murder charge that happened in Serian seven years ago.
A three-judge panel comprising Datuk Seri Mohamed Apandi Mohamed Ali, Datuk Anantham Kasinather and Datuk David Wong Dah Wah, allowed Edy S’s appeal to set aside his conviction that was handed down
by the High Court here in March 2010.
He was discharged and acquitted by the court.
Apandi ruled that a conviction would not be safe. He said the court was in doubt over the weapon – a machete – allegedly used as a murder weapon in the case.
He also noted that there were corroborative evidence and unexplained matters which had casted doubts over the prosecution case.
There was also no positive indication that he had committed the murder.
Edy, who was 23 then, allegedly murdered 54-year-old Chai Joon Boi at his house in Serian about 7.30am on Aug 3, 2006.
Edy was convicted of murder under Section 302 of the Penal Code and was sentenced to death.
He was represented by Ranbir Singh Sangha yesterday.
In the same court room, a man who caused grievous hurt to another man two years ago began his six months’ jail sentence yesterday. He was also fined RM6,000 in default four months’ jail after the Court of Appeal upheld his conviction and jail term.
The judges dismissed Sanggin Genta’s appeal after he applied to withdraw his final appeal through defence counsel Louis Jarau.
Sanggin was charged with causing hurt to then 19-year-old Mikai Gasing by hitting him on the head with a piece of wood in front of Rumah Genta, Sg Maong, in Kanowit about 10am on May 31, 2010. He was found guilty of the charge under Section 326 of the Penal Code.
On the day of the incident, the victim and a few relatives were at his sister’s longhouses (Rumah Genta) to celebrate the Gawai.
The incident started when a car used by the victim and his relatives was parked in front of the longhouse in such a way that it blocked other cars parked there.
Following a misunderstanding the victim was clubbed on the head. He was found unconscious the next morning and was rushed to the hospital here.
Tetralina Ahmed Fauzi and Samihah Rhazali prosecuted.