GEORGE TOWN: Two Bangladeshi construction workers were acquitted and discharged of murder at the High Court here, but the duo now has to deal with the Immigration Department for overstaying.
Judge Justice Datuk Akhtar Tahir said the prosecution failed to prove a prima facie case against Md Daloar Hossain and Barun Sutradhar, both 36.
“The main issue here is the timing of the murder.
“In the charge sheet it was stated at 11pm, then the prosecution was requested by the DPP to change the timing to 12.45am.
“The key eyewitness, who is the brother of the victim, said the murder took place at 9pm.
“He said he reached the place before sunset and the murder happened right after he reached the location.
“The police said it occurred after midnight and the post-mortem exam said the murder took place at 1.30am.
“I hoped the post-mortem would help clear the confusion but it did not, ” he said when meting out the judgement on Wednesday (Dec 4).
Justice Akhtar said the eyewitness seemed blinded by anger when he took the stand to testify.
“He is from Myanmar and it seemed that he had anger for Bangladeshis. He wanted someone to pay for his brother's death.
“He also said the murder took place before 9pm, but the police were only called to the scene later. This would mean he was sitting with his brother's body for hours.
“I do not think his story is credible, ” he said.
According to Justice Akhtar, the investigating officer said there were two incidents – a fight at 9pm and the victim's death at 1.30am.
“This gives the impression that they were chasing each other for over four hours.
“When the post-mortem was conducted, the victim's brother was not called to identify the body, which is the normal procedure.
“The investigating officer did not know that the witness was the victim's brother, which makes his identity questionable, ” he added.
Md Daloar and Barun were charged with killing Myanmar national Mohd Ishak Kobir Ahmad at a flat in Majestic Heights, Paya Terubong on June 13,2016, at 11pm.
They were charged under Section 302 of the Penal Code read together with Section 34 of the same Code, which carries the mandatory death sentence upon conviction.
Md Daloar and Barun were represented by Ramkarpal Singh while DPP JG Kaameni Jaya Raman appeared for the prosecution.
Although Md Daloar and Barun tried to leave the court in a hurry, they were detained by the police as they had overstayed and needed to deal with the Immigration Department.