Court acquits chicken seller charged with assaulting man with golf club in Bau
KUCHING (June 12): The Sessions Court here today discharged and acquitted a man from a charge of assaulting another man with a golf club three years ago.
Judge Iris Awen Jon made the ruling after finding that the prosecution had failed to establish a prima facie case against Abdul Malek Faisal Kamil, 38, at the end of the prosecution's case.
Abdul Malek, who sells live chickens, was charged with intentionally causing grievous hurt to a now 28-year-old man in Kampung Bidi, Krokong, Bau at around 10am on Sept 25, 2022.
The charge was framed under Section 326 of the Penal Code, which provides imprisonment for up to 20 years and may also include a fine or whipping, upon conviction.
It was understood that during the incident, the victim was waiting for a friend – also a witness in the case – when he was approached by three unidentified men.
One of the men reportedly struck the victim with a golf club, resulting in a skull fracture and internal brain bleeding that required surgery on Sept 27, 2022.
During the trial, Abdul Malek's counsel Arthur Liang Dawat argued that the reliability of the identification made by the victim, as well as another eyewitness, was highly questionable.
He contended that their testimonies were unclear and inconsistent, thereby casting serious doubt on the accuracy of the identification.
The lawyer further submitted that the identity of the individual who actually struck the victim with the golf club remained uncertain.
A total of six prosecution witnesses were called to testify during the trial.
The case was prosecuted by Deputy Public Prosecutor Mohamad Aiman Mutallib Mohamad Shariff. acquitted assault Bau gold club
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