Justice Dato’ Balia Yusof Hj Wahi, who sat together with Justices Datuk Dr Hj Hamid Sultan Abu Backer and Dato’ Dr Badariah Sahamid, made the unanimous decision in the case of the respondent, Amir Ali Khan Nawatay, at the request of deputy public prosecutor Mohd Fairuz Johari, who had appealed against the discharge and acquittal of the respondent.
The Appellate Court advised the prosecution to take active measures and change their method of tracing the elusive respondent. Among the measures suggested would be to alert the Immigration Department to ensure of being notified in order to prevent the respondent from going out of the country.
“The Pakistani knew the case will be called three to four times for hearing. If the case is struck out, they will be happy selling carpets the next day in the following week,” said Justice Dato’ Balia.
Earlier, Fairuz informed the court that the respondent, who was absent for the second time, could not be located.
He said the 42-year-old Pakistani is married to a local and has a business enterprise in Kota Marudu.
Fairuz also said that the police had located the respondent’s wife, who informed that the respondent had gone back to Pakistan.
However, there was no record at the Immigration Department that the respondent had gone out of the country.
On October 2, 2014, the respondent was discharged and acquitted by the High Court after being charged with causing the death of the 16-year-old Kota Marudu girl.
The alleged offence which occurred along Jalan Km 2.8 Langkon, in Kota Marudu between 11 am and 12.30 pm on November 25, 2012, was framed under Section 304 (b) of the Penal Code, which is punishable with a jail term of up to ten years or with a fine, or both, upon conviction.
The prosecution had since appealed against the discharge and acquittal of the respondent.
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