Inspectors charged with causing death of suspect released

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KUCHING: Kuching High Court yesterday released two police inspectors jointly charged with causing the death of a theft suspect under police custody after the prosecution failed to prove a prima facie case against both accused.

Judge Dato Rhodzariah Bujang said she was left with no choice but to discharge and acquit the two accused – Mohd Azri Amar Pavel and Mohd Hazril Mohamed Yusof – charged with murder for causing the death of Kamarul Zamrizal Kamaruzaman @ Boy at D7 Crime Investigation Department on Nov 4, 2012.

In her summary of decision, she said she found the prosecution had failed to prove a prima facie case for reasons that include lack of evidence of the knee jab and kicks delivered by the two accused which come within the definition of murder as defined in Section 300 of the Penal Code.

“The medical evidence adduced by the prosecution was in favour of the two accused as the doctor testified that the cause of Boy’s death was a lung infection he contracted while in hospital, and that he survived the brain injuries for which he was operated on.”

She said in her summary that she declined to call the two accused to give their defence to a lesser charge as any lesser charge against them could only be assault under Section 352 of the Penal Code or causing hurt under Section 323 of the Penal Code since medical evidence does not support other more serious offences.

“The two accused have been remanded for more than two years. Both offences I mentioned carry a maximum imprisonment term which is definitely less than two years.

“Any punishment to be meted out for these lesser offences should in fairness take into account the long period of remand and, in that sense, the two accused have already served a sentence more than prescribed as the maximum under these two sections,” she said.