KOTA KINABALU: A co-accused in a Grab driver murder case four years ago has been given a discharge not amounting to an acquittal (DNAA) by the High Court here.
Amru Al Asy Japri, 27, will also be a witness for the prosecution against his co-accused, Arsit Indanan, 23.
Amru and Arsit — both car wash workers — were jointly charged under Section 302 of the Penal Code, read together with Section 34 of the same Code, which provides for the mandatory death sentence, upon conviction.
They were accused of murdering Mohammad Hanafiee Jaffar, 27, inside a Proton Saga FLX car between 4am and 5am on May 25, 2019, at a roadside along Jalan Marabahai, Tuaran.
Judge Leonard David Shim granted the DNAA on the local man at the request of the prosecution as Amru's representation letter was accepted.
Deputy public prosecutor (DPP) Azreen Yas Mohamad Ramli told the court that instruction from their superior was that the charge against Amru should be withdrawn and Amru would become a witness for the prosecution.
Counsels Dominic Chew and Aida Jaafar Mad Ariff, who represented Amru, asked for their client to be discharged and acquitted.
For Arsit, he will stand trial on May 8-12 as the prosecution opted to proceed with the case against him.
The Filipino was represented by government-assigned counsel Mohd Ari Nadzrah Abd Rahman.
Arsit is detained under Section 259 of the Criminal Procedure Code, pending his trial.
The case was first brought to court on June 10, 2019.