Disgraceful Prosecution In Ipoh Murder Trial. The Attorney-General Must Explain.
High Court Judge Justice Datuk V.T. Singham, in his written judgment on the 2003 headline-grabbing case which involved the son of a former Ipoh mayor, raised disturbing questions over the way the case was investigated.
He slammed the prosecution as weak, adding that this was the most unusual case ever presented by a deputy public prosecutor, reports Bernama.
Singham said the whole police investigation into this case was also questionable.
Among his grouses:
** Why did police take six days to carry out forensic tests at the murder scene?; and
** The post-mortem was done by a hospital assistant and not by a pathologist as should be the case.
He said the prosecution refused to name another suspect, who was at large, in his charge sheet for reasons best known to them although it was clear the investigation had shown that he was the main culprit.
He said the prosecution had failed to present a prima facie case against the five accused and the court had no choice but to acquit and discharge them without calling for their defence.
Azman Ismail a.k.a. "Man Datuk", the son of former Ipoh Mayor Datuk Ismail Shahbodin, and four of his friends, were charged with murdering a college student in 2003.
The four are Mohd Shafiq Azreen Mohd Salleh (Boy TC); Mohd Hafiz Ibrahim, (Tony); Mohd Faizal Radzali (Jambu) and Mohamad Rizal Abu Hassan (Adik).
The five, together with Mohd Nizam Ariffin (Tok Mat Kren) who is at large, had allegedly murdered Mohd Hosni Fadzli Mohd Amin by assaulting him, including kicking and stamping on him until he died at Ikhwan Auto, Hala Rapat Baru 20, Kawasan Perindustrian Ringan Kinta, between 3am and 10am on Dec 22, 2003.
Thirty-eight witnesses were called in the 54-day trial which started in January 2005.
Singham today also rejected an application made for the third time by DPP Mohd Dusuki Mokhtar to charge all accused with kidnapping or abduction under Section 365 of the Penal Code. The court was filled with family members of the accused.
After Singham delivered his judgment, the accused continued to remain in the dock, prompting him to repeat his judgment that they had been freed. The victim's father, whose name was not available, said he accepted the decision. (TheSun)
***** MASSIVE cover up is written all over this case. The Attorney-General owes an explanation to every citizen in this country who still believes in the rule of law and that no one, not even the highly-placed and influential are above it. This is the type of incident which clearly portrays Malaysia as a pucca third world also-ran. Shameful indeed.
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