KUALA LUMPUR - A policeman with the rank of lance corporal was acquitted by the High Court here today on a charge of causing grievous injury with the intention of causing the death of a labourer, five years ago.
Judicial Commissioner Datuk Azhar Abdul Hamid allowed the application of Baxter Kisar, 32, to set aside the conviction and sentence of 10 years in prison and a fine of RM10,000 handed down by the Sessions Court in March.
In his ruling, Azhar said the Sessions Court judge did not take into account the testimony of the fourth defence witness who was an eyewitness, a friend of the accused.
"The statement of the fourth witness supported the appellant's testimony, but the Sessions Court judge did not take that matter into account. Therefore, the appellant is acquitted and discharged," said Azhar.
Deputy Public Prosecutor Kamarul Aris Kamalluddin prosecuted the case while lawyers Datuk Hisyam Teh Poh Teik and Guok Ngek Seong represented Baxter.
On March 28, Judge Mahyon Talib sentenced Baxter to 10 years in prison and a fine of RM10,000 after finding that the defence failed to raise reasonable doubt at the end of the defence case.
Baxter was accused of committing the offence against A. Krishnan, 38, in front of a food outlet in Jalan Rampai Niaga, Sri Rampai, Wangsa Maju here between 5 am and 5.45 am on July 18, 2017, under Section 307 of the Penal Code that carries a maximum 20 years imprisonment and a fine. - BERNAMA
Judicial Commissioner Datuk Azhar Abdul Hamid allowed the application of Baxter Kisar, 32, to set aside the conviction and sentence of 10 years in prison and a fine of RM10,000 handed down by the Sessions Court in March.
In his ruling, Azhar said the Sessions Court judge did not take into account the testimony of the fourth defence witness who was an eyewitness, a friend of the accused.
"The statement of the fourth witness supported the appellant's testimony, but the Sessions Court judge did not take that matter into account. Therefore, the appellant is acquitted and discharged," said Azhar.
Deputy Public Prosecutor Kamarul Aris Kamalluddin prosecuted the case while lawyers Datuk Hisyam Teh Poh Teik and Guok Ngek Seong represented Baxter.
On March 28, Judge Mahyon Talib sentenced Baxter to 10 years in prison and a fine of RM10,000 after finding that the defence failed to raise reasonable doubt at the end of the defence case.
Baxter was accused of committing the offence against A. Krishnan, 38, in front of a food outlet in Jalan Rampai Niaga, Sri Rampai, Wangsa Maju here between 5 am and 5.45 am on July 18, 2017, under Section 307 of the Penal Code that carries a maximum 20 years imprisonment and a fine. - BERNAMA