Robert Yee at the High Court yesterday.
KOTA KINABALU: A local man escaped the gallows after the High Court here amended his charge of murdering a teenage girl under Section 302 of the Penal Code which provides for the mandatory death sentence.
Robert Yee was seen relieved after High court Judge Datuk David Wong Dak Wah amended the charge to one under Section 304(b) of the Penal Code and adjourned the case for hearing to January 13 next year.
The new date was set to allow counsel for the accused, Datuk Chau Chin Tang, to write a letter to the Senior Federal Counsel (SFC) for a plea bargaining under the Section 304(b).
The court made the decision to amend the charge as there was not enough evidence to prosecute the suspect in the death of Angelita Poisie at a wooden house in Kampung Nabutan, Ranau between 7 pm and 9 pm on Sept 6, 2010.
“Under the law, the prosecution must prove beyond a reasonable doubt that the injury to the deceased was caused by accident or the accused,” said David.
The charge framed under Section 304(b) of the Penal Code provides for an imprisonment term of up to 10 years or a fine or both, upon conviction.
Deputy public prosecutor Chow Siang Kong prosecuted.