Former multinational company director Spiro James, 51, was charged with stealing three four-can packs of beer and three bottles of wine worth a total of RM316.81 from the Cold Storage supermarket at Gurney Plaza on March 20 last year.

He was charged under Section 380 of the Penal Code, which carries a maximum 10-year jail sentence and fine upon conviction.

Magistrate Manomani Ramanathan, in her ruling, said there was no credible evidence that James had stolen the goods from the supermarket as alleged.

According to James’ submission in court, he had gone to the supermarket to buy two packs of four-can beer and return to his condominium next to the mall.

However, as he neared the checkout, he received an urgent phone call from his workplace. He then pulled his cart aside near the express lane counter and continued to speak on the phone.

Moments later, he was apprehended by a man in plain clothes claiming to be a security officer and taken into the security room.

Despite pleading that he was merely on the phone and would pay for the items as he had yet to leave the supermarket, the security manager called police, saying he was trying to make off with the beer and wine.

James was handcuffed by police at the supermarket and detained. He spent four days at two separate lock-ups and was later charged in court. He was granted bail of RM5,000 and had his passport impounded.

During the trial, security manager Mohamad Farid Ahmad testified that James had walked out of the supermarket with the cart of unpaid items to an outlet more than 15m away.

However, when security camera footage was viewed in court, it was found that he was within the confines of the supermarket.

His shopping cart was also seen with just two four-can packs of beer, not three packs and three bottles of wine as alleged, and he was seen talking on his phone before being approached by security.

The video tendered by the prosecution also showed that James was nowhere in the wine section. His lawyer, R Dev Chander, questioned how the three bottles of wine and another four-can pack of beer ended up in his cart.

Dev also asked why key security camera footage was left out from the evidence, which could have proven James to be innocent.

James also told the court that he and his family had frequented the supermarket every day for groceries since they moved to Penang and had never faced any problems there.

Outside the courtroom, a relieved James said he felt vindicated by the verdict as he was a law-abiding person.

“It has been a near two-year hell for me and my family. My passport had been taken away and I felt like a prisoner in this country.

“I’m happy with the justice system and would like to thank the court,” he said.

Deputy public prosecutor Mohammad Syafiq Nasrullah Saleem Ali appeared for the prosecution in the case.