MIRI: All nine persons accused of murdering a Lun Bawang teenager, Edwin Singa Pelipus, in Lawas in 2012 walked out as free men after the High Court yesterday discharged and acquitted them of murder and unlawful assembly.
The court ruled that the prosecutor failed to establish a prima facie case against them and ordered all including two juveniles to be freed.
They were charged with committing the offence under Section 149 of the Penal Code for unlawful assembly and Section 302 of the Penal Code for the murder of Edwin on Sept 21, 2012.
Edwin, 19 then, from Long Luping in Lawas, was killed with a blunt object after a fight involving a group of men about 7.30pm in front of a grocery shop in town.
Judge Stephen Chung Hian Guan ordered them to be discharged and acquitted by the High Court here yesterday after 28 prosecution witnesses were called to testify.
The contradiction in the witnesses’ testimony, particularly from 13th prosecutor witness (PW13), was fatal for the prosecution case against the nine accused.
The accused were Zuraini Bahar (42), Paizal Baro (22), Gairil Mustapa (21), Alizam Bahar (41), Mohd Raimmy Jumat (26), Helmi Wahab (28), Fazilah Abd Rahman (28) and two juveniles aged 19 and 17 (17 and 15 at the time of arrest in 2012).
They were represented respectively by counsels Narmal Singh, Lim Swee Huat, David Siaw, Ranbir Singh Sangha, Keith Chin, Sheikh Rajjish, Firdaus Morshidi, Patrick Liaw and Kalveet Sandhu.
The defence counsels punched holes in the prosecution case, arguing that there was no prima facie case against their clients, and submitted that the trial court should order their discharge and acquittal without their defence being called.
The nine were relieved after the verdict as they had been remanded since their arrest in 2012, and happy to escape the murder charge which is punishable with the death penalty.
In delivering his judgement, Chung gave a stern message to all nine accused to walk out of the court as changed individuals and good citizens.
“Do not take this a reason for you all to celebrate, but as a lesson to be learnt. You may be lucky this time,” he said.
Meanwhile, the late Edwin’s parents said they were frustrated and devastated over the verdict.
His parents Singa Labor, 53, and Mertina Singa, 50, said they were shocked by the court ruling that the accused were freed from the charge.
“We were looking forward to seeing at least a few to be convicted, not everyone,” Singa said. “There is no justice at all for our youngest child,” said the grieving father.
DPP Musli Abd Hamid said he would suggest an appeal but the decision lies with Putrajaya.
The murder of Edwin led to a protest by thousands of the Lun Bawang community in Lawas, raising communal tension in 2012 and forcing the state police to reinforce security and take preventive measures.
Lawas District Officer Mohd Supaih Hamdan played a role in defusing the tension and urged the public to view it as a criminal case and not communal-related case. The Lun Bawangs also delivered a memorandum to the police asking for fair investigation and the suspects to be brought to face justice in court.
The demonstration in September also led to the call for better public security and for the police to act decisively against criminals and prosecution of the perpetrators.