PUTRAJAYA: The Court of Appeal today overturned a High Court ruling, reinstating the conviction of a former lorry driver previously placed on a two-year good behaviour bond for stealing oil palm fruits from his former employer.
Suria Prekash Sooriya Moorthy, 22, had initially been acquitted and discharged of the offence at the Majlis Belia Daerah Batu 5 Endau plantation in the Mersing District, Johor, at 2 pm on Aug 19, 2021.
The three-judge panel comprising Justices Datuk Che Mohd Ruzima Ghazali, Datuk Azman Abdullah, and Datuk Azmi Ariffin allowed the prosecution’s appeal, setting aside Suria Prekash’s acquittal and restoring the decision of the Magistrate’s Court.
Justice Che Ruzima said the prosecution witness’ identification of Suria Prekash as the individual who stole the oil palm fruits was supported by the testimony of another eyewitness.
He said the identification was strong enough to override Suria Prekash’s alibi.
The High Court had previously accepted Suria Prekash’s alibi claiming he was at home having lunch at the time.
On Sept 20, 2023, the Magistrate’s Court convicted Suria Prekash for the theft but released him on a two-year good behaviour bond of RM2,000 with one surety.
His subsequent acquittal in March last year by the High Court led to the prosecution’s appeal.
According to the facts of the case, an Indonesian worker witnessed Suria Prekash and another individual, A. Rajendren, trespassing onto the plantation in a lorry.
The worker alerted his employer, who later found the two men inside the lorry loaded with oil palm fruits.
Rajendren, 47, Suria Prekash’s uncle, who was also charged with the theft, pleaded guilty and was fined RM3,000.
In today’s Court of Appeal proceedings, deputy public prosecutor Zander Lim Wai Keong appeared for the prosecution, while Suria Prekash was represented by lawyers G.K. Sritharan, Tan Meng Khong, and P. Rajagunaseelan.
