SEREMBAN: A 22-year-old Thai kitchen helper facing the gallows for the murder of his colleague three years ago has been freed by the High Court here.
Judge Datin Rohani Ismail acquitted and discharged Alsu Nichi, who was then 19, of causing the death of Abdul Rosah Jamu, 24, after the prosecution failed to establish a prima facie case against the accused.
"After perusing all the evidence, the court hereby acquits and discharges the accused without calling for his defence.
"The court finds that the prosecution has failed to establish a prima facie case against the accused," she said on Friday (Dec 16).
Alsu was charged with committing the offence behind a tomyam shop in Taman Bukit Emas on Jalan Tampin.
He allegedly committed the offence around 9.30pm on April 21, 2019.
He was charged under Section 302 of the Penal Code for murder, which carries the death penalty upon conviction.
Alauddin Baharom prosecuted while the accused was represented by Haresh Mahadevan, Nurul Aina Ardilla and Vivi'asnita Zaina'larifin.
When met outside the court, Haresh said the accused was freed as the prosecution was unable to prove the elements of murder as per the charge.
"There were several lingering doubts in the case. It was on these grounds that the court decided to free the accused as it was not safe to call for his defence," he said.
Haresh said the accused would be handed over to the Immigration Department to be deported to Thailand.