SANDAKAN: An Indonesian labourer has been acquitted of the charge of murdering his wife three years ago after the High Court in Sandakan found that the prosecution had failed to prove its case beyond a reasonable doubt.
High Court Judge Saiful Azian Mokhtar delivered the verdict on Monday, ruling that the defence had successfully established reasonable doubt at the close of the defence case.
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The court also found that the prosecution’s failure to call a witness it had previously offered deprived the accused of a fair trial.
In addition, the defence had filed a notice of alibi before the commencement of the trial.
As a result, the court drew an adverse inference against the prosecution under Section 114(g) of the Evidence Act 1950, holding that the failure to produce the witness had adversely affected the prosecution’s case.
Saharudiin Palanco, 42, had been charged with murdering his wife, Hasna Hadi, who was also an Indonesian national, between 7am and 1pm on 12 July 2022 at a security guard post on an oil palm plantation at Mile 27, Sandakan.
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He was charged under Section 302 of the Penal Code, which carries the death penalty or such other punishment as provided under current law upon conviction.
The trial was heard on 10, 11 and 13 November 2025 before continuing on 15 February and 10 April 2026.
Throughout the proceedings, Deputy Public Prosecutor Risal Abd Fikkah called 11 prosecution witnesses, while the defence called two witnesses.
Saharudiin was represented by lawyers Mohamad Syazwan Shah Mohamad Ali and Nigel Neong Kaning of Messrs M. S. Shah & Associates.
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