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Causing grievous hurt: Court overturns duo's acquittal
Published on: Friday, February 17, 2017

Kota Kinabalu: The High Court here overturned the acquittal of two men and ordered them to enter their defence for causing grievous hurt to another man with a machete.

Judge Datuk Nurchaya Hj Arshad allowed the prosecution's appeal and ordered the case of Abdurait Husin and Abdul Sabtu to be reverted back to the Sessions Court for them to enter their defence.

Abdurait 69, and Abdul, 61, allegedly assaulted one Mohd Nazif Rinjal, 29, with the weapon at 10am on Nov 21, 2015 at the government reserves land near the beach in Kg Suangon, Kinarut, Papar.

The offence under Section 326 of the Penal Code provides for a jail term of up to 20 years and whipping, on conviction.

Earlier, Deputy Public Prosecutor Gan Peng Kun submitted among others, that from the fact of the case, it could not be ascertain who was on self-defence or attacked as they were all wounded.

The Sessions Court judge should have ordered Abdurait and Abdul to enter their defence before discharging them, submitted Gan, adding that the burden of proof was on them.

In another case, the court fixed Feb 24 for ruling on the case of a 38-year-old Indonesian charged with murdering his wife in Keningau.

The court set the date after the prosecution called its 13th witness in the case against Agus Sudin.

Nurchaya also directed both the prosecution and defence to submit their respective submissions on or before Feb 22.

Agus is accused of committing the crime against one Lina Tagih, 42, also an Indonesian, at 8.45am on May 5, 2015 at an unpaved roadside near the workers' quarters at Syarikat Bornion Timber Sdn Bhd in Sook.

He faces the death penalty if convicted under Section 302 of the Penal Code.

Agus was represented by counsel Chua Kuan E. - Jo Ann Mool

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