Selangor: An Indonesian construction worker escaped the death sentence after the High Court here Monday freed home on a charge of murdering his Bangladeshi colleague without calling for his defence.Judicial Commissioner Datin Zalita Zaidan ordered the accused, named Suri, 41, after finding that the prosecution had failed to establish a prima facie case against him.
"Failure of the prosecution to call the material witness had subjudice the accused. Therefore, the court finds that the prosecution had failed to prove a prima facie case and the accused is acquitted and discharged from the charge," she said.
Suri was charged with another person still at large with murdering Mohamad Ali Ashraf, 28, at the construction site of Rapid KL Bus Depot, Jalan Perusahaan 2, Batu Caves Industrial Area, Gombak near here, at about 11.45 am on May 11 last year.
The charge, under Section 302 of the Penal Code, provides the mandatory death sentence, upon conviction.
A post mortem on the victim found the cause of the death was due to single fatal stab wound to the back of body.
The prosecution was conducted by deputy public prosecutor Devinderjit Kaur Gill, while Suri was represented by lawyer Mohd Irwan Sumadi. – Bernama
