KOTA KINABALU: The Court of Appeal here struck out the prosecution's appeal against the High Court's decision granting bail to a wheelchair-bound businessman pending his murder trial.
Deputy public prosecutor Muhammad Azmi Mashud informed the court that the prosecution wanted to withdraw its appeal against the decision on Hobalan N. Vello, 38.
Following this, a three-member bench, comprising Datuk Abdul Karim Abdul Jalil, Datuk Supang Lian, and Datuk Nordin Hassan struck out the appeal today.
On Oct 22 last year, Hobalan was granted RM200,000 bail with RM50,000 deposit and for the accused's wife to be one of two sureties.
This marked the first time that bail has been granted in Sabah for a murder case which is a non-bailable offence.
Hobalan was charged under Section 302 of the Penal Code which provides for capital punishment.
He had pleaded not guilty to the murder of one Albert @ Recquel A Agang, 53, between 11.30pm on Dec 18, 2020, and 12.05am on Dec 19, 2020, outside the My Heaven Seafood restaurant in Beaufort.
During the previous hearing, the High Court also imposed several conditions: that Hobalan's international passport be surrendered to the court, that he conducts no interstate travel without leave from the Court, for him to report to Beaufort police station once in two weeks and not to approach or disturb any of the prosecution's witnesses.
The next pre-trial case management was fixed for Feb 14.
Hobalan was represented by counsel Ram Singh, Kimberly Ye Wanchuin and Chen Wen Jye.