A former warden at a private drug rehabilitation centre has been freed after the High Court found the prosecution failed to prove a prima facie murder case.
ALOR SETAR: The High Court here today acquitted and discharged a former warden of a private drug rehabilitation centre on a charge of murdering an inmate four years ago.
Judge Evawani Farisyta Mohammad ordered Sidi Ahmad Amin Mamat, 50, to be freed after ruling the prosecution had failed to establish a prima facie case.
In her judgment, she said the prosecution failed to prove the injuries sustained by the deceased were caused by the accused.
The evidence raised the possibility the victim had been assaulted by other individuals at different locations, she noted.
Two traces of DNA from unknown persons were found on the deceased’s sarong, the court heard.
The judge also noted that while Sidi Ahmad Amin was charged with hitting the victim on the chest and neck, the prosecution’s own pathologist testified the cause of death was injuries to the abdominal aorta.
As a result, the court ruled the charge could not be sustained and ordered the accused to be acquitted without having to enter his defence.
Sidi Ahmad Amin was charged with murdering Umar Muhajir Ghazali at the drug rehabilitation centre in Sintok, Changlun, between 11 am and 6.30 pm on Nov 4, 2021.
The charge was framed under Section 302 of the Penal Code, which carries the death sentence or imprisonment of between 30 and 40 years and not less than 12 strokes of the cane.
Sidi Ahmad Amin was represented by lawyers Mohd Hezeri Harun and Mohd Fadhly Yaacob, while the prosecution was handled by Deputy Public Prosecutor Mohamed Shah Reza Noor Azman.
