KOTA BHARU, April 16 (Bernama) -- Two friends were given a discharge not amounting to acquittal, by the Sessions Court here today, on a charge of injuring a man causing one of his ear to be cut off, three years ago.
Judge Ahmad Bazli Bahruddin made the decision after the defence applied for the case to be dropped after the prosecution failed to produce any witness for the trial.
“The case has been long delayed but the prosecution has still failed to provide witnesses of the incident. The prosecution should be better prepared to pursue this case,” said defence counsel Nik Saiful Adli Burhan.
Earlier in the proceeding, deputy public prosecutor Abu Arsalnaa Zainal Abidin said the prosecution managed to contact only one of the three witnesses, who is currently in Machang Prison.
However, he added, the witness was given short notice and was not prepared to appear for the hearing today.
Abu Arsalnaa also appealed to the court to give another date to enable him to produce the witness in court.
The two accused, Kamarohimi Nordin, 39, and Muhamad Azroy Saharudin, 33, together with another person still at large, were charged with voluntarily causing grievous hurt by using a knife on a 56-year-old man wounding him in his left ear, knee and arm on Dec 14, 2015, at 8.10 pm in front of a house in Kampung Raja Panyit, Machang.
Both accused were charged under Section 326 of the Penal Code read together with Section 34 of the Penal Code, which carries a jail term of up to 20 years and is liable to a fine or whipping, upon conviction.