KOTA KINABALU: A transgender, who was charged with robbing a policeman of RM300, was acquitted by the Sessions Court here Tuesday (Sept 13).
Sessions Court judge Ummu Kalthom Abd Samad acquitted Nidsmar Jamal, 23, without his defence being called.
She said the prosecution failed to establish a prima facie case against the accused and the charge framed against him after scrutinising all the evidence.
She ordered Nidsmar’s bail to be refunded if the prosecution did not appeal.
Nidsmar was charged with robbing L/Kpl Abang Rudy Eswandy Naim, 45, at about 2.30pm on the 3rd floor of a building near Restaurant Abang J at Bandaran Berjaya on June 17, 2021.
Defence counsel Datuk Seri K. Rakhbir Singh appeared for Nidsmar while the prosecution was led by deputy prosecutor Adibah Saiful Bahri.
Rudy was attached to the Karamunsing police station in Kota Kinabalu at the time of incident. He is currently attached to the Kuala Lumpur International Airport police district.
The charge under Section 392 Penal Code provides for a maximum 14 years’ imprisonment and the offender is also liable to a fine or whipping.
The prosecution had called a total of seven witnesses in the case that began on Jan 28 and closed its case on March 31.
In his submissions, Rakhbir argued the police report lodged by Rudy was “dishonest” as the latter had told the court that he was not sure if the report was dishonest or false during
Rudy had answered “I am not sure” when asked by Rakhbir during cross-examination if the report was false.
Rakhbir argued in his submissions that the policeman had actually gone to look for Nidsmar for "services" at his private room on the 3rd floor at Bandaran Berjaya following a chat over WeChat.
Rakhbir said that Rudy had admitted in court to have deleted his WeChat texts during the course of the trial.