Court allows appeal against theft conviction

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KUCHING: The High Court here yesterday allowed an appeal of a man convicted of theft of an excavator battery and sentenced to eight months’ jail after being found guilty by a magistrates’ court four years ago.

Judicial Commissioner Ravinthran N Paramaguru who allowed Mohamad Alif Sa’dy’s appeal against his conviction and sentence, quashed his conviction and eight months’ jail.

He was originally tried under Section 379A of the Penal Code read together with Section 511 of the same Code for attempted theft. Ravinthran ordered the appellant to be retried in the lower court and his cash bail of RM6,000 to be refunded to him.

On April 17, 2008, Alif, 27, was sentenced to eight years’ jail after the prosecution had proven that he was guilty of attempted theft of an excavator battery.

He committed the offence about 2.30am on Aug 6, 2007 at Lorong Chendrawasih Satu in Semerah Padi with another person, Mohammad Zalizan Affendi, 26.

Zalizan, however, was discharged but not acquitted of the charge in a Magistrates’ Court on June 13, 2008 due to his failure to turn up in court after being issued warrant of arrest several times.

DPP Musli appeared for the respondent while Abdul Rahman Mohd Hazmi prosecuted.

Rahman said the court had ruled that the presiding magistrate did not address the defence in the judgement and it was not safe to convict him.