Kota Kinabalu: A former Universiti Malaysia Sabah security guard who was jailed 13 years and ordered to get six strokes of the cane for attempting to rape an 18-year-old student of the university, was freed by the Court of Appeal on Tuesday.
A three-member bench appellate court led by Datuk Che Mohd Ruzima Ghazali, Datuk Azmi Ariffin and Datuk Azhahari Kamal Ramli, discharged and acquitted Arshad Masdin after hearing his appeal and argument by the prosecution as the respondent.
Among others, the court ruled that the main reason in allowing the appeal was the learned trial judge failed to consider the DNA evidence which, in favour of the defence, cast reasonable doubt.
Arshad was appealing against the decision and sentence imposed on him who was found guilty of attempting to rape the 18-year-old girl by tearing and removing her clothes at 12.30am on July 15, 2018 at the UMS hostel.
He was convicted under Section 376(2)(a)/511 of the Penal Code, which carries a jail term of between five and 30 years and whipping, on conviction.
On Feb 9, 2023, the High Court had dismissed Arshad Masdin’s appeal and affirmed the decision of the Sessions Court.
Deputy Public Prosecutor Mohamad (DPP) Arif Aizuddin Masrom appeared for the prosecution while counsels Hamid Ismail and Shahlan Jufri defended Arshad.
Meanwhile, a 32-year-old man claimed trial in the High Court to murdering another man.
Mohamad Rafi Simmachulam made the plea before Judge Celestina Stuel Galid, to the charge against him.
He is accused of killing Anis Matiuns between 4pm and 5pm on Feb 11, 2024 by the roadside in Kg Rukom, Kota Marudu.
The court set Feb 3 for mention to know the status of Mohamad’s assigned counsel.
Pending the date, Mohamad was ordered remanded further.
DPP Lovely Natasha Charles prosecuted.
