High Court upholds decision to discharge and acquit Kuching man of gang robbery
KUCHING (July 4): The High Court here yesterday upheld the Sessions Court's decision to discharge and acquit a 35-year-old man who had been charged with gang robbery involving an Indonesian worker at a construction site.
Judge Leonard David Shim made the ruling after dismissing the prosecution's appeal in the case involving Alex Ujai.
'After perusing the Record of Appeal, the Petition of Appeal, the Grounds of Decision, and the submissions by the learned deputy public prosecutor and counsel for both parties, the court finds that there is no appealable error in the decision of the learned Sessions Court Judge, nor any compelling reason to disturb the findings of fact.
'Accordingly, the decision of the Sessions Court is affirmed, and the appeal is dismissed,' he said.
Deputy public prosecutor Filanny Siji appeared for the prosecution, while the accused was represented by lawyers Arthur Liang Dawat and Elissa Effie.
On June 20, 2024 the Sessions Court here had ordered the accused to be discharged and acquitted after the prosecution failed to establish prima facie.
The appellant subsequently filed an appeal in the High Court on June 25, 2024.
According to the charge sheet, the offence was allegedly committed at a workers' quarters at a Jalan Arang construction site here on Jan 3, 2023 at around 2.30am.
Facts of the case revealed that two men, claiming to be officers from the Immigration Department, forced the complainant and her husband to surrender their belongings, including their work permits, under threats of immediate restraint.
Upon becoming suspicious, the victim lodged a police report, which led to Alex's arrest on the same day.
During an identification parade, Alex was found to match the description of one of the two suspects.
As a result, Alex was charged in the Sessions Court with committing an offence punishable under Section 395 of the Penal Code, which carries a jail term that may extend to 20 years and caning upon conviction. Filanny Siji gang-robbery Kuching High Court lead Leonard David Shim
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