Lau (centre) flanked by Wong on his right and Riman, following their discharge and acquittal. At left is chambering pupil Eliah Lau.
SIBU: The High Court here yesterday discharged and acquitted two men of a charge of committing murder.
Judge Dato Lee Heng Cheong made the decision after ruling that the prosecution failed to establish a prima facie case against Wong Ting Kiong and Indonesian national Riman.
Wong and Riman were accused of causing the death of 44-year-old Mohamad Sahari by beating him while sharing a cell at the Central Police Station here on July 27 and 28, 2015.
They were charged under Section 302 of the Penal Code, read together with Section 34 of the same code, which carries the death penalty upon conviction.
Mohamad Sahari was produced in court on July 28, 2015, to face a charge under Section 354 of the Penal Code for assaulting a four-year-old girl with intent to outrage her modesty.
He was then brought to Sibu Prison sometime in the evening and underwent a medical examination there before being placed in a cell from July 28 to Aug 2.
On the evening of Aug 2, he complained of stomach pain and was brought to Sibu Hospital where he passed away at 8.10pm the following day.
Mohamad Sahari’s death was found to be due to pancreatitis caused by an injury to his pancreas, which could have been inflicted when his abdomen was punched or stepped on or if he was thrown towards something protruding that could have hit his abdomen area.
In his submission, Wong’s lawyer pointed out that the deceased only suffered the injuries that led to his death after he had arrived in Sibu Prison sometime between July 28 and Aug 2, 2015, and not before July 28 when he was in the Central Police Station lock-up where the two accused persons were also remanded.
In his ruling, Lee said the injuries could not have been inflicted on July 27, 2015, which was about eight days before Aug 3, 2015.
He said it was likely that the deceased’s injuries were inflicted between July 28 and Aug 2, 2015 while the deceased was in Sibu Prison, adding the deceased was healthy and pain-free when he left the Central Police Station here on July 28, 2015.
Lee said he had taken into consideration the testimony of the investigating officer who had recorded statements from a few detainees in Sibu Prison.
The detainees had stated that the deceased was beaten by Sibu Prison officers and that the deceased was stepped on and was thrown to the floor by Sibu Prison officers.
Wong was represented by Ben Lau, while Riman by Foster Bangau.