GEORGE TOWN: A 26-year-old Myan-mar national accused of abducting and murdering his countryman three years ago has been freed by a High Court here.
Justice Zamani Abdul Rahim acquitted and discharged Moe Kyaw @ Deva without calling for his defence after ruling that the prosecution failed to establish a prima facie case against him on both charges.
Moe Kyaw, a construction worker, was alleged to have abducted Htin Kyaw with the intention of murdering him at a house in Taman Cendana, Juru, Bukit Tengah between 1am on Aug 7 and 8pm on Aug 8, 2011.
Under Section 364 of the Penal Code, abducting to murder is punishable by a death sentence or imprisonment for a term which may be extended to 30 years. If not sentenced to death, the guilty is also liable to whipping.
Moe Kyaw was also alleged to have murdered Htin Kyaw, who was 33 at the time, in the bushes in front of SK Juru in Bukit Tengah at 4.25am on Aug 10, 2011.
The offence under Section 302 of the Penal Code carries the mandatory death sentence upon conviction.
Zamani, in his judgment, said there was no evidence linking Moe Kyaw to either the abduction or the murder.
“There were irregularities in the name of the deceased uttered by the accused during interrogation to the one in the charge sheet.
“Under Section 27 of the Evidence Act, Moe Kyaw’s admission (that he killed Htin Kyaw and disposed of him) was inadmissible because the body was not concealed (and was found at a public place accessible to anyone),” he said.
Zamani cited the discovery of a 79cm wooden stick, about 15m from the deceased’s body in the secondary jungle, which had the deceased’s DNA, and subsequently posed the question of who had inflicted the injuries on the deceased’s head and chin.
In addition, he said the accused’s DNA was not found on the Rambo knife, which he had pointed out to the police raiding party, on the window ledge of a house.
“There is no evidence to link the Rambo knife to the accused. There was also no DNA profile of the accused in the car despite the presence of bloodstains in it.”
Moe Kyaw, who was dressed in a blue chequered shirt and blue jeans, was all smiles as he was led out of the courtroom.