JOHOR BAHRU: The High Court today acquitted and discharged a former cook of a murder charge involving a man in front of a condominium in Plentong six years ago (2018).
Judge Datuk Abu Bakar Katar acquitted Calvin Phua Kim Hau, who was 21 at the time of the incident after the prosecution failed to establish a prima facie case at the end of its case.
He said the court found the prosecution had failed to prove that the victim’s death was caused by injuries severe enough to result in death.
While delivering the judgment, Abu Bakar noted that the testimony of two prosecution witnesses did not positively confirm that the accused had inflicted stab wounds on the deceased.
“The mere presence of the accused at the scene, without any other incriminating action, is insufficient to link him to the murder in front of the guard post at Parc Regency Residence,” he said.
“The court rules that the prosecution failed to establish a prima facie case at the end of its presentation. The accused is acquitted and discharged of the charge,“ he said.
On hearing the verdict, the accused, now aged 27, was seen heaving a sigh of relief and smiling as he looked at his friends who were present.
According to the charge, Phua was accused of murdering John Liew Yuan, 24, in front of the guard post at Parc Regency Residences, Jalan Masai Jaya, Plentong, Johor Bahru, at around 2.30 am on June 3, 2018.
He was charged under Section 302 of the Penal Code, which carries the death penalty upon conviction.