KOTA KINABALU (Jan 31): A car wash worker was given a discharge not amounting to an acquittal by the High Court here on Tuesday from a charge of killing an e-hailing service driver four years ago.
Amru Al Asy Japri, 27, will be a witness for the prosecution against his co-accused Arsit Indanan, 23.
Both of them, who were brought before Justice Leonard David Shim, were jointly charged under Section 302 of the Penal Code, read together with Section 34 of the same Code, which provides for the mandatory death sentence, upon conviction.
The judge made the order on Amru after hearing submissions and oral arguments by Amru’s counsel as well as reply by the prosecution on whether Amru should be discharged and acquitted or be given a discharge not amounting to an acquittal.
Amru, who was represented by counsel Aida Jaafar Mad Ariff and Dominic Chew, had previously filed a representation to withdraw Amru’s charge and to make him one of the prosecution’s witnesses.
The prosecution informed the court yesterday when the case came up for status of Amru’s representation application, it was accepted.
The prosecution explained that the instruction from their superior was that the charge against Amru be withdrawn and Amru will be a witness for the prosecution.
The prosecution said they were also instructed to apply for Amru to be given a discharge not amounting to an acquittal as there was a likelihood that he may be re-charged in future.
In reply, both Amru’s counsel urged the court to discharge and acquit Amru from the said charge and submitted previous cases to support their arguments.
Meanwhile for Arsit, the instruction from the deputy public prosecutor’s office was to proceed with the case against him.
The court fixed Arsit’s trial on May 8-12 and the judge reminded the prosecution to get ready with their witnesses.
Arsit and Amru were alleged to have murdered Muhammad Hanafiee Jaffar, 27, inside a car at the roadside of Jalan Marabahai in Tuaran between 4am and 5am on May 25, 2019.
Arsit is currently detained in custody under Section 259 of the Criminal Procedure Code, pending his trial.
Arsit, a Filipino, was represented by Government-assigned counsel Mohd Ari Nadzrah Abd Rahman and counsel Muhamad Amirul Hj Amin stood in for Mohd Ari.
This case was first brought to court on June 10, 2019.