IPOH: Two men accused of killing a durian orchard worker were acquitted and discharged without having their defence called after the High Court ruled that the prosecution had failed to prove a prima facie case against them.
Justice Datuk V.T. Singham said he found the evidence irregular and unsatisfactory.
He said the evidence showed that the identification parades involving the men had participants who were much older and of different height.
“According to the testimony by the investigating officer, there was also a possibility that the eye-witness (76-year-old orchard worker Yau Kim Pong) might have seen the two men before the identification parade.
“The officers had not taken measures to ensure that the witness did not have any opportunity to see the accused,” he said.
S. Ayyavoo, 22, from Pusing, and gardener S. Sivanathan, 24, from Gunung Rapat, had been charged with two others still at large for the murder of Lee Kin Chong in a hut at the Leong Sin Nam durian orchard in Ulu Piah, Tambun, between 11am and noon on Jan 13 last year.
The judge said there was also the possibility that there was mistaken identity regarding the involvement of Sivanathan.
He said the testimony showed that Yau had identified Sivanathan in the first identification parade at the Ipoh police station on Jan 22 last year, which conflicted with evidence that Sivanathan had only been arrested on Jan 25.
He added that while testifying, Yau could not identify the two accused as the ones who had strangled and beaten the victim.
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