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Deliveryman's acquittal for murder of massuer upheld
Putrajaya: The Appeals Court here today upheld the acquittal of a young cooking gas deliveryman over the murder of a 69-year-old traditional masseur who allegedly made sexual advances towards him and tried to harm him, eight years ago.
A three-man panel led by Appeals Court judge Datuk Abdul Malik Ishak unanimously dismissed the prosecution's appeal against the Penang High Court's decision on June 25 2010 to acquit and discharge 31-year old Mohd Hairi Sabdin of stabbing Abdul Rahman Hussain with a pair of scissors.
Abdul Malik said the panel agreed with the High Court's ruling that Mohd Hairi had killed Abdul Rahman in self-defence from the act of the deceased who wanted to perform unnatural sex offences on him.
He said police's investigation on the case was also not meticulously carried out where no swabs were taken from both Mohd Hairi and the deceased's private parts which would support his (Mohd Hairi's) evidence that he was sexually attacked.
On the panel with Justice Abdul Malik were Justices Datuk Clement Allan Skinner and Datuk Seri Mohamed Apandi Mohamed Ali.
Mohd Hairi, who was 22 years of age during the incident, was charged with killing Abdul Rahman at the latter’s home in Kampung Makam, Jalan Datuk Keramat, Penang, at 4.30am on Sept 25, 2003.
Mohd Hairi had testified in his defence in the High Court that Abdul Rahman offered to give him a massage for the pain in his shoulder, hip and leg but made sexual advances when he turned up for treatment. A struggle broke out between them, ending with Hairi stabbing Rahman several times in the neck and on his body. Mohd Hairi said his actions were not aimed at killing the old man and that he only wanted to hurt him.
Pathology evidence showed that there were 63 injuries on Abdul Rahman, which were multiple stab and slash wounds. Mohd Hairi was represented by Datuk Seri Muhammad Shafee Abdullah while Deputy Public Prosecutor K. Mangai appeared for the prosecution. -- Bernama