Father of three escapes gallows after judge finds him not guilty of murder

JOHOR BARU: A father of three walked out a free man after the High Court here found him not guilty of the murder of a security guard some four years ago.

High Court Judge Datuk Abu Bakar Katar acquitted and discharged former security manager MS Muthusamy, 58, over the murder of 54-year-old Ramli Jusoh on Monday (Dec 13).

Muthusamy was charged with murdering Ramli at a factory along Jalan Timah in the Pasir Gudang industrial area on Dec 16, 2017, at around 9pm to 10pm.

He was charged under Section 302 of the Penal Code for murder, which carries the death sentence upon conviction.

In his decision, Judge Abu Bakar said the High Court has considered to the maximum extent the evidence presented throughout the prosecution's case.

“The prosecution relied on surrounding evidence and that the accused was the last person seen with the deceased.

“Even so, this court had considered the period of time of 13 hours before Ramli was found dead leaving a long time gap to link the accused to the murder of the deceased,” he added.

Judge Abu Bakar said there was also unknown DNA found on two wooden sticks that could be used in causing harm to the deceased.

“Considering the evidence as a whole, the prosecution failed to prove that the accused had caused the injuries resulting in the deceased's death.

“The prosecution has failed to prove a prima facie case,” he said, ordering Muthusamy to be acquitted and discharged without calling for his defence.

Deputy public prosecutor Muhammad Syafiq Mohd Ghazali prosecuted the case while the accused was represented by lawyers Mohd Daud Ismail and Hang Lee Ying.