JOHOR BAHARU: The high Court here today acquitted three men of murder, but ordered two of them to stand trial on an amended charge of
disposing the victim’s body.
In acquitting the three accused, Judge Datuk Mohd Sofian Abd Razak said the court found that the prosecution had failed to establish a prima facie case for murder against them.
However, the prosecution succeeded in establishing a prima facie case for disposing of the victim’s body against two of them, he added.
Ruhaizat Mohamad, 37, and Mohamad Nur Umarul Tamrin, 22, both self-employed, and Mohd Farhan Rosli, 29, a manager at a local government authority, together with three others still at large, were charged with murdering Abdul Rashid Ismail at Jambatan Jalan Bypass Kota Tinggi, at about 11 pm on Jan 15, 2013.
The charge, under Section 302 of the Penal Code, carries the mandatory death sentence upon conviction.
In his judgment, Mohd Sofian said three elements were considered in the case, where the victim’s identity and the injuries that caused his death could
However, on the element that the victim’s death was caused by the three accused failed to be proven, he added.
He said the prosecution was able to establish a prima facie case against Ruhaizat and Mohamad Nur Umarul for disposing of the victim’s body at the
bridge, but failed to prove Mohd Farhan was also involved in the act.
Following which the charge against Ruhaizat and Mohamad Nur Umarul was amended to that of causing disappearance of evidence, an offence under Section 201 of the Penal Code which provides an imprisonment for up to seven years and is liable to fine, if found guilty
Ruhaizat and Mohamad Nur Umarul, represented by lawyers Zamri Idrus and Muhammad Abdul Kadir, respectively, were charged with committing the offence at the same place, time and date.
They nodded their head and claimed trial to the charge.
Mohd Sofian set Dec 14 to hear the case.-BERNAMA