Former cook Calvin Phua smiled as he turned to his friends after the verdict was announced by Justice Abu Bakar Katar at the Johor Bahru High Court. (Bernama pic)
JOHOR BAHRU: The High Court today acquitted and discharged a former cook of a charge of murdering a man in front of a condominium in Plentong six years ago.
Justice Abu Bakar Katar acquitted Calvin Phua, who was 21 at the time, after he ruled that the prosecution had failed to establish a prima facie case at the end of its case.
Abu Bakar 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.
He also noted that the testimony of two prosecution witnesses did not positively confirm that Phua 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,” 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.”
On hearing the verdict, Phua, now aged 27, heaved a sigh of relief and smiled as he looked at his friends who were present.
Phua was accused of murdering John Liew Yuan, 24, in front of the guard post at Parc Regency Residence on Jalan Masai Jaya in Plentong, Johor Bahru, at about 2.30am on June 3, 2018.
He was charged under Section 302 of the Penal Code for murder, which carries the death penalty upon conviction.
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