PUTRAJAYA, July 27 — A secondhand shoe seller was acquitted and discharged by the Court of Appeal on a charge of committing gang robbery at a laundromat premise in 2017.
A three-judge panel comprising Justices Datuk Vazeer Alam Mydin Meera, Datuk M. Gunalan and Datuk S.M. Komathy Suppiah had allowed the appeal of Nur Mohd Rusydi Abdul Raman on Tuesday (July 25) to set aside the conviction and 10-year sentence with two strokes of the rotan imposed on him by the Sessions Court.
Judge Vazeer said that there was merit in Nur Mohd Rusydi’s appeal.
He said that considering all the facts and circumstances of the case, Nur Mohd Rusydi’s conviction based on dock identification, was unsafe.
He said the Sessions Court and High Court erred in finding that the prosecution had proven the case beyond a reasonable doubt.
On January 3, 2020, the Sessions Court found Nur Mohd Rusydi guilty of the charge and sentenced him to 10 years in jail with two strokes of the rotan.
He appealed to the High Court against the conviction and sentence, but his appeal was dismissed in May 2021.
Nur Mohd Rusydi, 31, was accused of committing the robbery using a parang and robbing Badariyah Baharuddin of her gold necklace and bracelet and RM1,500 cash at a 24-hour laundromat in Taman Sri Gombak, Selangor, at 11:32pm on September 1, 2017.
Meanwhile, one Mohd Adib Yoosna, who was charged separately but tried together with Nur Mohd Rusydi, was found guilty by the Sessions Court for the same offence and was sentenced to 10 years in jail with one stroke of the rotan. He did not appeal against the decision.
The news of the robbery went viral on the Facebook pages Info Roadblock JPJ/Polis, Tanjong Karang, and Vat 69-Perjuangan in 2017.
Nur Mohd Rusydi was represented by lawyer Izleen Ismail and Jeffrey John from the National Legal Aid Foundation while deputy public prosecutor P. Sarulatha appeared for the prosecution.
— Bernama
