Latest news with #ofAppeal
Borneo Post
04-07-2025
- Borneo Post
High Court upholds decision to discharge and acquit Kuching man of gang robbery
Alex exits the courtroom flanked by Arthur and Elissa. 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
BBC News
10-04-2025
- BBC News
Elias Almallah's appeal over Kyron Lee murder 'without merit'
A man who was a member of a gang that killed a cyclist in a "senseless" murder has lost an appeal against his lengthy jail Almallah, 23, was jailed for life with a minimum term of 22 years and nine months in October, for the murder of Kyron Lee in Cippenham, Slough, in October of Appeal judges told him his case was "entirely without merit" last four men also guilty of Mr Lee's murder were jailed in June in a case that was featured in the Channel 4 documentary series, Catching a Killer. Mr Lee was sent flying over a car's roof when he was hit by the vehicle in Earls Lane, Slough. His attackers fatally stabbed him with Court of Appeal was told the case against Almallah should have been dismissed at Reading Crown Court last were told evidence that placed Almallah at the scene of the crime was the judges, Lord Justice Warby, Mr Justice Goose and Judge Patrick Field KC, found it was "extremely strong". They dismissed his appeal on 28 year, Mr Lee's mother, Donna Lesner, paid tribute to an "amazing young man" with a "beautiful caring and selfless nature"."Kyron was more than my son, he was my rock, my biggest supporter and he made me proud to be his mother," she added. You can follow BBC Berkshire on Facebook, X (Twitter), or Instagram.
BBC News
02-04-2025
- BBC News
Stuart Layden has murder conviction restored
A man who was twice found guilty of the same murder - and had both convictions quashed - has had his conviction "restored" following a Supreme Court Layden was among five people convicted of murdering Ian Church, 40, outside the Bricklayers Arms pub in Great Yarmouth, Norfolk, in of Appeal judges overturned his conviction in 2015 and ordered a retrial - and in 2023 quashed a second conviction due to a procedural at the Supreme Court said a third trial risked "bringing the criminal justice system into disrepute" and could lead to "otherwise safe" convictions being "set aside on a technicality". Lord Hamblen concluded that Layden's murder conviction would be "restored", and issues concerning bail and his surrender to custody would be dealt with by the Court of formerly of South Quay, Great Yarmouth, was first handed a life sentence for Mr Church's murder in April successfully appealed against the conviction in March 2015 and was rearraigned for a new trial six months was again found guilty in May 2016 and sentenced to almost nine years in 2022, he applied to the Criminal Cases Review Commission (CCRC) to look at concerns around the timing of his retrial.A defendant must be rearraigned - asked how they plead - within two months of an 2023, three appeal judges concluded he was not properly arraigned before a retrial at Norwich Crown Court in 2016, stating the failure was "entirely avoidable".The Crown Prosecution Service (CPS) challenged the ruling at the Supreme Court in March, claiming the Court of Appeal had prioritised court processes over a fair for Layden opposed the appeal, claiming that ignoring the two-month time limit would "effectively neuter the 'extra safeguard' Parliament intended to introduce in Court of Appeal-ordered retrials".Earlier, five Supreme Court justices unanimously ruled in the CPS's favour. In his ruling, Lord Hamblen said that while the law did not specify the consequences of failing to comply with procedural rules around the two-month arraignment period, invalidating proceedings entirely would be a "triumph of form over substance" and created the "perverse incentive" for a defendant to abscond or "do nothing""Parliament cannot fairly have intended total invalidity to follow from non-compliance with the procedural requirements," he 27-page judgment was supported by Lord Hodge, Lord Lloyd-Jones, Lord Stephens and Lady Simler. Follow Norfolk news on BBC Sounds, Facebook, Instagram and X.
