Kota Kinabalu: A 23-year-old transgender, who was charged with robbing a policeman, was on Tuesday freed of the charge by the Sessions Court here.
Judge Ummu Kalthom Abd Samad discharged and acquitted Nidsmar Jalal of the charge without his defence being called.
Ummu in delivering her ruling held that the prosecution failed to establish a prima facie case against Nidsmar.
“Having scrutinised the evidence adduced by the prosecution through their witnesses and upon reading the written submissions and reply tendered by parties and having made a maximum evaluation on the prosecution’s evidence, I hereby find that the prosecution has failed to establish a prima facie case against the accused and the charge framed against him.
“Therefore, the court hereby orders that he is to be discharged and acquitted from the said charge without his defence being called,” held Ummu during the ruling Tuesday.
Nidsmar was accused of robbing Abang Rudy, who a police lance corporal at that time, of his RM300 at 2.30pm, on June 17, 2020 on the third floor near Restaurant Abang J at Bandaran Berjaya here.
The charge under Section 392 of the Penal Code carries a jail term of up to 14 years and also be liable to a fine or to whipping, on conviction.
The prosecution called seven witnesses with the trial commencing on Jan 28, 2021 and closed its case on March 31, this year.
Counsel Datuk Seri Rakhbir Singh represented Nidsmar.
