It also set aside the decision made by the magistrates’ court on May 17, which granted a discharge not amounting to an acquittal (DNAA) to Hamim, 33, following the death of prosecution witness Luqman Hakeem Othman, 20.
Muar High Court judge Abu Bakar Katar said today although the witness had died, the trial should continue by calling other prosecution witnesses.
He added the court found that the magistrates’ court had erred in granting the DNAA on the grounds that Luqman died on March 27 when the defence team had not finished their cross-examination.
“According to the court recording and transcribing (CRT) system, the court also found that the prosecution took about two hours to finish its examination-in-chief, while the defence team managed to cross-examine the victim for about 30 minutes on Oct 12, 2021, and continued for another two hours and 10 minutes on Oct 20, 2021.
“Unfortunately, when the trial continued, the victim had died. The court is of the view that although the defence had no chance to finish the cross-examination, the magistrates’ court can consider all the evidence presented by the prosecution before deciding whether the prosecution has succeeded in proving a prima facie case (against the accused),” Abu Bakar said.
On May 6, 2020, Hamim was charged with extortion. He was said to have intimidated Luqman in order to force the latter’s wife to drop a police report in a case against him.
The offence was allegedly committed at a restaurant in Bukit Gambir, Tangkak, in October 2019 under Section 388 of the Penal Code, which provides for imprisonment of up to 10 years and a fine or whipping, if convicted.
However, Luqman, who worked for Hamim, was involved in a road accident in Tangkak and died at the Sultanah Fatimah Specialist Hospital here on March 23.
On May 17, the Tangkak magistrates’ court granted a DNAA to Hamim on the extortion charge following an application from his lawyer.
On Aug 8 last year, Hamim, who is of Rohingya ethnicity, was also charged with intimidation, wrongful confinement and rape.
Hamim, who fled while awaiting trial at the Tangkak magistrates’ court in December last year, was sentenced to 12 months’ jail by the same court after he pleaded guilty to deliberately fleeing from police custody.