Myanmar national freed from abduction and murder charges

GEORGE TOWN: A Myanmar construction worker escaped the gallows at the High Court here today after he was freed from abduction and murder charges of a fellow Myanmar three years ago.

High Court judge Datuk Zamani Abdul Rahim, in acquitting and discharging Moe Kyaw @ Deva without calling for his defence, ruled that the prosecution has failed to prove a prima facie case against him on both charges.

Moe Kyaw had been accused of abducting in order to murder Htin Kyaw at 2, Lorong Cendana 25, Taman Cendana, Juru, Bukit Tengah, between 1am on Aug 7, 2011 and 8pm on Aug 8, 2011‎.

Moe Kyaw ‎had also been charged with murdering Htin Kyaw at a bush in front of Sek Keb Juru, Bukit Tengah, between 8pm on Aug 8, 2011 and 4.25am on Aug 10, 2011.

The first offence, under Section 364 of the Penal Code, carries a death sentence, or maximum 20 years' jail, and, if not sentenced to death, is also liable to whipping.

The second offence, under Section 302 of the Penal Code, carries the mandatory death sentence.

Zamani, in acquitting Moe Kyaw, found that there were irregularities in the name of the deceased uttered by the accused during interrogation and the one in the charge sheet.

He also stated that the exhibits recovered were visible and not in a place of concealment.

Zamani cited the discovery of a 79cm wooden stick nearby the deceased's body in the secondary jungle, which contained the deceased's DNA, and subsequently posed the question of who had inflicted the injuries on the deceased.

In addition, Zamani said the accused's DNA was not found on the ‎Rambo knife, which he had pointed out to the police raiding party, on the window ledge of the Lorong Cendana 25 premises.

"There is no evidence‎ to link the Rambo knife to the accused.

"Also, there was no DNA profile of the accused in the car despite presence of bloodstains in the car.

"I am of the considered view that the prosecution has not proven a prima facie case on the abduction and murder charges," he said in freeing Moe Kyaw.

The Myanmar national was all smiles as he was led out of the court room.

Moe Kyaw was represented by S. Yagoo, while Deputy Public Prosecutor Emma Syafawati Abdul Wahab prosecuted.

http://www.information.myanmaronlinecentre.com/myanmar-national-freed-from-abduction-and-murder-charges/