Kota Kinabalu: A charcoal maker walked out as a freeman, Friday, after the High Court released him from a murder charge.
Sisal Benigno, 45, was discharged and acquitted by Judicial Commissioner Amelati Parnell without his defence being called.
Amelati held that the prosecution had failed to establish a prima facie case against Sisal and discharged and acquitted him.
Sisal was accused of murdering Mohamad Nizam Khairul, 20, between 8.30pm and 9pm on Feb 18, 2018, in front of ASNB Asia City, near Restoran Ibunda, Singgah Mata.
Sisal had on Oct 4, 2019 claimed trial to the charge under Section 302 of the Penal Code which carries the death penalty, on conviction.
He had been remanded since being arrested as the charge against him had no provision for bail.
He cried in joy after hearing the ruling.
The prosecution had called 12 witnesses to testify during the trial.
Deputy Public Prosecutors Azreen Yas Mohamad Ramli and Afiq Agoes prosecuted.
Sisal was represented by counsel Shahlan Jufri, Mohd Luqman Syazwan Zabidi and Andryeno Thomas.
Meanwhile, a café owner was fined RM3,000 or three month’s jail for running an entertainment centre without a licence.
Ulas Abit, 42, pleaded guilty before Magistrate Lovely Natasha Charles to committing the offence at the Chill Café, i-Plaza Commercial Centre in Penampang on June 27, 2022 at midnight.
Inspector Kelvan Elson Maik prosecuting, informed the court that police inspected the outlet and found the music was playing loudly with several customers inside and that the premises were found to have no entertainment licence
Ulas was charged under Section 3 of the Public Entertainment Ordinance 1958 which provides for a fine of up to RM50,000 or up to one year jail or both, on conviction.
Ulas, unrepresented, requested a lower fine as she has dependants while the prosecution applied for an adequate sentence.
In another case, a 33-year-old man was fined RM2,000 or three month’s jail for having gambling paraphernalia.
Matrin Leong admitted to purchasing two illegal lottery tickets at the Primex Mobile, Kepayan Ridge at 6.44pm on July 27, 2022.
The prosecution told the court that Leong was arrested by police who found him carrying out gambling activity during the Ops Dadu.
Unrepresented Leong requested a lenient sentence.
Inspector Kelvan Elson Maik prosecuted.
