KUCHING: A local man was acquitted and discharged by the Sessions Court here yesterday, on charges of committing a gang robbery at a grocery store, in November last year.
Judge Afidah Abdul Rahman made the decision after finding that the prosecution had failed to prove a prima facie case against accused Costylie-uhun Simpol, 31, at the end of the hearing.
According to the charge, he and another friend of him who is still at large had robbed RM130 in cash belonging to a grocery store as a group.
Apart from that, the accused was armed with a knife while committing the robbery at a grocery store, at Jalan Penrissen, Mile 7, at about 10pm, on November 11, 2021.
The accused was charged with robbery under Section 395 of the Penal Code and read together with Section 397 of the same Code.
According to the facts of the case, during the incident, the complainant, who was a shop supervisor was informed by a female foreign worker (victim) that she was approached by two unknown men wearing black helmets, blue jackets and jeans who pointed a knife each at her and took RM130.
However, during the robbery, the accused’s wallet with his identity card was found dropped at the shop.
The complainant then lodged a police report for further action and investigation.
It is understood that the victim, who is an important witness in the case, did not appear in court to testify despite being given a court subpoena.
In addition, the victim who is an Indonesian citizen has returned to her country of origin.
The case was prosecuted by Mohamad Aiman Mutallib Mohamad Shariff while the accused was not represented by a lawyer.
