JOHOR BARU: A man has been acquitted and discharged by the High Court of a double murder that occurred seven years ago, allowing him to evade the death penalty.
M. Jaykumar, 39, who faced charges for the murder of P.K. Kamala and S. Silvaraja, was declared a free man after Justice Datuk Abu Bakar Katar ruled that there was no prima facie case against him.
"The court rules that there is no prima facie case for the charges against the accused. The accused is ordered to be discharged and acquitted of both charges without being called to enter his defence," announced Justice Abu Bakar on Friday (July 18).
In his judgment, Abu Bakar noted the lack of evidence connecting Jaykumar, who was a labourer in Singapore, to the murders.
"The prosecution relies on circumstantial evidence to prove that the deaths of the two deceased were caused by injuries inflicted by the accused. The court finds that the available evidence is insufficient to link the accused to the murders," he stated.
The prosecution's failure to confirm whether jewellery sold at a pawnshop by Jaykumar belonged to one of the victims added to the doubt.
"Prosecution witnesses could not confirm whether the jewellery belonged to P.K. Kamala. There is also doubt, as some jewellery was still found on the deceased," he observed.
Additionally, no blood traces from the deceased were found on Jaykumar’s belongings, and the investigating officer failed to send his clothes or items for DNA testing.
Furthermore, the timeline presented by the prosecution was questioned, as a witness testified that one of the deceased was still on the phone at 11.40pm, creating doubt regarding the estimated time of death.
Jaykumar, a father of two, was represented by lawyers Datin Freda Sabapathy and K. Sarawana Kumar, while the prosecution was led by Juanita Mohd Saed.
The charges against Jaykumar in 2018 involved the murder of Kamala, 51, and Silvaraja, 59, at a low-cost flat in Taman Ungku Tun Aminah.
