KUALA LUMPUR: Five men, including two fathers and their sons and an army personnel, have been ordered to enter their defence by the High Court here over the death of a company manager last year.
Judicial Commissioner Mohamad Shariff Abu Samah ordered the five – Ahmad Bohari, 52, and his son, Muhamad Haire, 24; Atan Mad Sah, 50, and his son Suhaimi, 24; and Ahmad Saipunizam Mohd Pirus, 36 – to enter their defence after finding the prosecution had proven a prima facie case.
The men allegedly committed the crime against Liew Han Yuen at Jalan PPR Kg Limau in Pantai Dalam between 11.40pm on April 14, 2016 and 1.30am on April 15, 2016.
“I am satisfied that the identities of these five men were not confused. There is no reason that the witnesses would want to make up the story against the accused persons,” JC Mohamad Shariff said.
The five were initially charged with the murder of Liew last year under Section 302 of the Penal Code, which provides for a mandatory death penalty.
They were subsequently accused of an amended charge of culpable homicide not amounting to murder under Section 304(a) of the same code and face a maximum 30 years in jail and fine. Fifteen witnesses testified in the prosecution’s case.
The defence trial is fixed for between May 30 and June 15.