Norikoh's death: Pakistani walks free
Published on: Friday, October 03, 2014
KOTA KINABALU: The prosecution has lost its appeal against the acquittal of a 40-year-old Pakistani from a charge of causing the death of a 16-year-old girl in Kota Marudu.High Court Judge Stephen Chung on Thursday dismissed the prosecution's appeal against the Sessions Court's decision to discharge and acquit Amir Ali Khan Nawaty without his defence being called on Feb 12 this year.Amir was alleged to have committed the offence on one Norikoh Saliwah in a moving lorry headed from Kota Marudu town to Langkon, at Km 2.8 along Jalan Kota Marudu-Langkon, between 11am and 12.30pm on Nov 25, 2012.
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The offence under Section 304(b) of the Penal Code carries a jail term of up to 10 years, or with a fine or both, on conviction.In his decision, Chung held that the prosecution did not state Amir's act in the charge that caused Norikoh's death and that it was uncertain that the act was committed by Amir.He held that the prosecution had failed to prove the four possibilities raised by them in the appeal – that the door of the lorry could have been defective; accidentally opened and Norikoh fell of; or Norikoh could have opened the door herself and jumped; or she could have been pushed.Chung also held that the prosecution did not state in the charge that Amir had pushed Norikoh out of the moving lorry.
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As to the prosecution's argument that Amir did not immediately stop the lorry after the incident, Chung held that Amir was not charged with negligent driving.Chung also held that the finding of the pathologist also supported the finding of the Sessions Court Judge, that it was an accidental fall.
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Counsel Dato' Rakhbir Singh had argued during the hearing of the appeal that the appeal was only a question of facts. Amir expressed his happiness over the court decision."I am very happy today. I have been under remand for over two years and I have spent my time in jail for nothing. I was tortured. I experienced a lot of losses since the incident although my shop in Kota Marudu was still under operation and was taken care of by my family," said Amir, who has been residing in the State for 19 years."I am intending to return to my wife's place in Kawang before bringing her and my daughter back to Pakistan, because I received many threats from the people in Kota Marudu," said Amir, who has another wife with six daughters in Pakistan.He left the courthouse with his family members.Amir was held under remand pending the disposal of the appeal because he had no valid travel document as his passport and social visit pass had expired last year.Stay up-to-date by following Daily Express’s Telegram channel.
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