FREE AT LAST: Jarau (second left) and Steven (right) shake hands with their respective assigned counsels, Louis (left) and Dorson outside the courtroom after the ruling.
SIBU: A farmer and a school gardener charged with murder were yesterday ordered by the High Court here to be discharged and acquitted.
Jarau Kerukar, 51, and Steven Serang, 28, were indicted together with two other accused of a common intention to murder Zakaria Mahda, 29.
The charge under Section 302 read with Section 34 of the Penal Code provides for a mandatory death sentence upon conviction.
They were said to have hit Zakaria on the skull with hard and blunt objects, namely a metal chain and a helmet in front of a supermarket in Cross Road about 11pm on Sept 25, 2011.
In her ruling, Justice Supang Lian said the prosecution had failed to prove a prima facie case against Jarau and Steven on the charge for murder.
With regards the two other accused persons, namely Donald Gaidia, 24, and Ijau Pengarah, 45, she said the prosecution had also failed to prove a prima facie case against them on the murder charge.
Instead, the prosecution had proved a prima facie case against them for the offence of culpable homicide not amounting to murder, she added.
With that, they now face an amended charge of causing the death of Zakaria in front of the supermarket in Cross Road about 9.30pm on Sept 25, 2011.
“Having considered the evidence adduced by the prosecution I am satisfied that a prima facie has been made out against the third accused (Ijau) on the offence (second charge) under Section 324 Penal Code. I therefore call upon him to enter his defence on the second charge.”
Ijau faces a second charge of causing hurt to a woman, Manyie Kassim, by means of a metal chain which, used as a weapon of offence, was likely to cause death, at the same time and venue.
The case will be brought up for further mention on July 3.
Section 304 (a) Penal Code provides for a jail term of up to 30 years upon conviction.