SIBU: The High Court here yesterday dismissed the preliminary objection raised by the defence counsel against the prosecution’s appeal to the discharge and acquittal of eight respondents by the Sessions Court on March 18, 2011.
Justice Supang Lian who meted out the dismissal, fixed the hearing of the appeal based on merits on May 19 before another judge.
She ordered fresh notices to be issued for the 3rd, 4th and 7th respondents to be present on that day.
“In the event that the notices of hearing cannot be served on them, the appeal will proceed in their absence,” she added.
The discharge and acquittal of the eight accused persons were previously decided by the Sessions Court.
The charges included gang-robbery, wrongful confinement, abduction and assault.
In his submissions earlier, the prosecution represented by DPP Robert Pasang Alam stated that efforts to trace the absent respondents through various means were still being carried out.
He pointed out that the appellants were ready to proceed with the appeal without the absent respondents.
All the eight accused, including the purported gang leader Lee Long, were found not guilty by the Sessions Court on March 18, 2011.
They were discharged and acquitted of eight criminal charges filed under the Penal Code.
On the first charge, Matthew Soong Chan Chin, 35, Wee Teck Hong, 43, and Hii Chie Ping, 38, together with one other still at large, allegedly committed robbery of one lorry, and put Ah Huat in fear of instant death, or hurt or wrongful confinement at Lai Chee Road at about 9am on Feb 7, 2007, and were charged under Section 392 of the Penal Code.
For the second charge, Hii, Soong, Wee and Wong Kong Yew, 33, with 10 others still at large, were said to have committed gang-robbery of Kueh Chiow Lee’s properties on Feb 9, 2007 at about 3pm in Sawi Road.
They were charged under Section 395 of the Penal Code read together with Section 391 of the same code.
In the third charge, Wee, together with four others still at large were charged under Section 344 of the same code for wrongful confinement of Ah Huat for 14 days.
Whereas, for the fourth charge, gang leader Wong Leh Yin @ Lee Long, 46, was accused of abetting with Hii, Soong, Wee, Wong, Lau Ang Ho, 33, Yong King Lung, 26, Yong Kie Teck, 40, and 22 others still at large to abduct Ah Huat at several places.
Lee Long was charged under Section 109 of the Penal Code read together with Section 365 of the same code.
For the fifth charge, seven accused persons namely Hii, Soong, Wee, Wong, Lau, King Lung and Kie Teck were charged with abducting Ah Huat with the intention to cause him to be secretly and wrongfully confined in several places, an offence under Section 365 of the same code.
In the sixth charge, Lau was charged under section 323 of the Penal Code for causing voluntarily hurt to Kueh Thoo Yong at about 3pm on Feb 11, 2007 in Deshon Road.
For the seventh charge, Hii, Soong, Wee and Wong together with 20 others still at large were charged with voluntarily causing grievous hurt to Ah Huat at several places between Feb 6, 2007 at about 7pm and Feb 9, 2007 at about 6pm.
They were charged under Section 325 of the Penal Code, read together with Section 34 of the same code,.
On the eighth charge, Hii, Soong, Wee, Wong, Lau, King Lung and Kie Teck were said to have voluntarily caused hurt to Ah Huat by means of instruments of stabbing or cutting, which when used as weapon of an offence is likely to cause death and heated substance between Feb 10, 2007 at about 6pm and Feb 11 at about 7pm at Deshon Road.
They allegedly committed an offence under Section 324 of the Penal Code, read together with Section 34 of the same Code.