Borneo Post reported that the panel comprising Justices Zaini Mazlan, Ismail Brahim and K Muniandy unanimously made the ruling after finding that the totality of evidence in the prosecution’s case contained material gaps, contradictions and flaws.

It deemed the circumstances “not safe” or insufficient to call for the defence of the duo, now aged 23 and 24.

Deputy public prosecutor Atiqah Abdul Karim appeared for the prosecution, while the respondents were represented by lawyers Osman Ibrahim and Jong Yee Ling.

They were 16 and 17 years old when they were charged and therefore classified as child offenders.

They were charged under Section 302 of the Penal Code with the alleged murder of Raju Jinny between 2.45am and 3.50am in the middle of the road between Kampung Resak and Kampung Diang on Sept 22, 2019.

Section 302 provides for the death penalty, or 30 to 40 years’ imprisonment and no fewer than 12 strokes of the cane if convicted.

Kuching High Court judge Alwi Abdul Wahab had, on Feb 20, 2024, acquitted and discharged both the accused, saying the prosecution had failed to prove a prima facie case against them.

The prosecution filed a notice of appeal on Sept 26, 2024, against the decision.