KOTA BHARU - The High Court here today acquitted and discharged a car repossessor from a charge of murdering a contractor 11 years ago.
Judicial Commissioner Datuk Wan Ahmad Farid Wan Salleh ordered Syaiful Afikin Mohd Firus, 46, to be freed after finding that the defence had succeeded in raising reasonable doubts against the case at the end of the defence case.
"The court had taken note that the prosecution took seven years before deciding to charge the accused. In fact, no new forensic evidence was obtained after the accused was released from remand between 2011 and 2018.
"Therefore, the court ruled that Syaiful Afikin is acquitted and discharged of the charge,” he said.
According to the charge sheet, Syaiful Afikin and another individual, who is still at large, were jointly charged with murdering Saw Yew Siang, 56, in Kampung Pak Jah, Tumpat on Oct 3, 2011.
The charge was framed under Section 302 of the Penal Code, which provides the death sentence upon conviction.
The prosecution was conducted by deputy public prosecutor Hajarul Falenna Itah Abu Bakar Adli while Syaiful Afikin was represented by counsel Azura Ghazali.
Earlier, the court also acquitted and discharged him of the charge of possessing a ‘kerambit’ (small curved knife) without authorisation after finding that the prosecution had failed to establish a prima facie case against the accused.
Syaiful Afikin was alleged to have possessed the weapon in front of a sundry shop in Jalan Rambutan Rendang, Panji, here, at about 3.30 am on June 11, 2018.
The charge, under Section 7 (1) of the Corrosive Substances, Explosives and Dangerous Weapons Act 1958 carries a minimum jail term of five years or a fine not exceeding RM2,000, or both, if convicted. - BERNAMA