MUAR: The Muar High Court on Wednesday (June 1) ordered the extortion trial involving Abdul Hamim Ab Hamid, also known as Long Tiger, to continue at the Tangkak Magistrate’s Court, beginning this Sunday (June 5).
It also set aside the decision made by Tangkak Magistrate’s Court on May 17, which granted a discharge not amounting to an acquittal (DNAA) to Abdul Hamim, 33, from the extortion charge following the untimely death of the prosecution’s witness, Luqman Hakeem Othman, 20, in the middle of the trial.
Muar High Court Judge Datuk Abu Bakar Katar said although the prosecution witness had died, the trial should continue by calling other prosecution witnesses.
He added that the court found that the Tangkak Magistrate’s Court had erred in granting the DNAA on the grounds that Luqman Hakeem died on March 27 when the defence team had not finished cross examining the victim.
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"According to the Court Recording and Transcribing (CRT) System, the court also found that the prosecution took about two hours to finish their examination-in-chief, while the defence team managed to cross-examine the victim for about 30 minutes on Oct 12, 2021, and continued for another two hours and 10 minutes on Oct 20, 2021.
"Unfortunately, when the trial continued, the victim had died. The court is of the view that although the defence had no chance to finish the cross-examination, the Magistrate’s Court can consider all the evidence presented by the prosecution before deciding whether the prosecution has succeeded in proving a prima facie case (against the accused)," Abu Bakar said.
On May 6, 2020, Abdul Hamim was charged with extortion by intimidating Luqman Hakeem, in order to force the latter’s wife to drop a police report on a case against him.
The offence was allegedly committed at a restaurant in Bukit Gambir, Tangkak, between 7pm and 9pm in October 2019 under Section 388 of the Penal Code which provides for imprisonment for up to 10 years and a fine or whipping, if convicted.
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However, Luqman Hakeem, a former employee of Abdul Hamim, was involved in a road accident in Tangkak and died at the Sultanah Fatimah Specialist Hospital (HPSF) here on March 23.
On May 17, the media reported that the Tangkak Magistrate’s Court granted a DNAA to Abdul Hamim on the extortion charge following an application from the latter’s lawyer.
On Aug 8 last year, Abdul Hamim, who is of Rohingya ethnicity, was also charged with intimidation under Section 506 of the Penal Code, wrongful confinement (Section 342 of the same Act) and Section 376 (1) of the same Act for rape.
Abdul Hamim, who infamously fled while awaiting trial at the Tangkak Magistrate’s Court in December last year, was sentenced to 12 months in jail by the same court, after pleading guilty to deliberately fleeing from police custody. - Bernama
