ID :
57284
Fri, 04/24/2009 - 15:32
Auther :

MYANMAR NATIONAL FREED OF MURDER CHARGE




KUALA LUMPUR, April 24 (Bernama) -- The High Court here Friday acquitted and
discharged a Myanmar national for the murder of his colleague six years ago.

Judicial Commissioner Zainal Azman Abdul Aziz ordered Yaw Nal to be freed
after finding that the prosecution failed to establish a prima facie case
against the accused.

In his judgment, Zainal Azman said Yaw had no intention to cause Lee Sze
Fong's death.

"There was no preparation made to cause Lee's death and the knife, which was
allegedly used to stab the victim, also was not found.

"It is unknown who actually stabs the victim or causes serious injury, where
testimonies by witnesses in the case showed that it was the deceased who started
the fight," he added.

He said a dying declaration made by Lee to a worker could also not be
accepted because there was no proof to show that the deceased was mentally alert
at that time.

Yaw, 40, was charged with culpable homicide not amounting to murder in Lee's
killing at No.70, Kg Air Leleh, Air Panas Setapak, at about 10.30pm on May 23,
2003.

Deputy public prosecutor Mohamad Abazafree Mohd Abbas prosecuted while
counsel Nik Hashim Nik Daud represented Yaw.

-- BERNAMA

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