Kota Kinabalu: A 24-year-old jobless man was freed from a charge of committing mischief by setting fire to his house that resulted in a death of his neighbour as well as several suffering injuries, without his defence being called.
Sessions Court Judge Noor Hafizah Mohd Salim discharged and acquitted Mohd Firdaus Rahinj Abdul Rahim from the charge after ruling that the prosecution had failed to establish a prima facie case against Mohd Firdaus.
Mohd Firdaus was accused of committing the offence at 12.01am on Oct 12, 2020 at a house in Rumah Murah Kepayan, here.
He allegedly burnt the house and the incident caused the death of one Liew Han Chong, 44. His two tenants Sofina Awang Putting, and her three year-old son had suffered burnst on their hands, arms and knees.
The offence is under Section 476 of the Penal Code.
In the ruling, the court stated that having regard to the evidence presented to court, there was insufficient evidence
for the court to conclude on a prima facie basis that it was the accused who started the fire.
The court said the other factors, particularly given that the evidence from a witness and there was exhibit clearly inconclusive.
The prosecution had called eight witnesses during the hearing.
Deputy Public Prosecutor Suriyati Jumain conducted the prosecution while counsel Luke Ressa Balang defended Mohd Firdaus.
