KOTA BARU: The High Court today acquitted and discharged three brothers who were charged with killing a man in Machang four years ago.
Judge Datuk Mohamad Abazafree Mohd Abbas came to the decision after ruling that the prosecution had failed to establish a prima facie case against the brothers - Mohd Rizal Seman, 40, Muhamad Zarudin, 30, and Mohd Azam, 26.
Abazafree said he had weighed several factors before making the decision.
"The court found that the prosecution failed to submit the closed-circuit television (CCTV) footage, which is crucial for enabling the court to understand the narrative of the case."
"Moreover, the main witness, who is also the deceased's brother-in-law, made contradictory statements during cross-examination, and no other witnesses were presented to indicate that the three accused were part of an illegal assembly.
"Therefore, the court decided to acquit and discharge all three accused without calling for their defence," he said.
According to the charges, the three accused, along with another who is still at large and one who had died, were charged with murdering Kamsani Mohamed, 39, during a gathering at a petrol station, Batu 31, Jalan Machang-Kuala Krai, Machang, between 12.30am and 1.30am on Jan 27, 2020.
All the accused were charged under Section 149 of the Penal Code for unlawful gathering and could be sentenced under Section 302 of the Penal Code for murder.
The prosecution was led by Deputy Public Prosecutor Aida Fatimah Abd Jabar, while the three accused were represented by lawyers Muhammad Hasif Hasan and Nik Nur Adilla Nik Sauki.