PUTRAJAYA, Feb 16 — The Court of Appeal today ordered a former cattle breeder to enter his defence on a charge of murdering his neighbour in a premises in Segamat, Johor, six years ago.
A three-member panel comprising Datuk Hanipah Farikullah, Datuk Wira Ahmad Nasfy Yasin, and Datuk Lim Chong Fong allowed the prosecution’s appeal to set aside the Muar High Court’s decision that amended the charge against Shahril Tamsir, 50, to culpable homicide not amounting to murder under Section 304 (a) of the Penal Code.
In a unanimous decision, Hanipah said that there was merit in the prosecution’s appeal and the High Court judge had erred and deviated from the facts as Shahril was not ordered to enter his defence.
“We are satisfied that the prosecution has established a prima facie case for murder under Section 302 of the Penal Code at the end of the prosecution’s case.
“The decision of the High Court’s judgment is set aside and this case is returned to the Muar High Court for the accused to enter defence,” said the judge.
Hanipah also fixed February 22 for case management before the same trial judge at the High Court.
“This case should be given priority as the trial started in 2018,” she said.
Shahril was charged with the murder of Ahmad Radzi Jamaludin, then 40-year-old, at a business centre in Felda Cempedak in Labis, Johor, at about 7.30am on August 31, 2017.
However, on December 15, 2020, the Muar High Court sentenced him to 18 years in jail after he pleaded guilty to culpable homicide not amounting to murder and he was ordered to serve his sentence from the date of arrest on August 31, 2017.
Deputy public prosecutors Nahra Dollah and Dhiya Syazwani Mohd Akhir prosecuted while lawyers Muhammad Abd Kadir and Khairulnadiah Hasni Yusoff represented the accused.
— Bernama
