Kehakiman: Prima facie, Peguam Bela, Pendakwa

15-2-2010
JOHOR BARU: A 48-year-old maid was so overjoyed after she was acquitted of a murder charge that she stepped onto the middle of the courtroom at the High Court (Mahkamah Tinggi) here and kissed the floor while repeatedly thanking the judge.

Outside the courtroom, T. Kupok said she was overjoyed and thrilled that she was finally free.

“I never committed the murder and I am so thankful to the judge and my lawyer for what they did for me,” said Kupok, who also bent over to touch the feet of her lawyer, S. Vijayaretnam. Peguam Bela

In deep gratitude: Kupok touching the feet of her lawyer Vijayaretnam after she was aquitted and discharged for murder at the Johor Baru high court yesterday.

She also called one of her four children to relay the good news and said she wanted to go home.

“I just want to return home and forget this whole incident,” she said, adding that she had been behind bars for more than three years.

Kupok was initially charged for causing the death of her alleged lover G. Ganipathy, 35, at around 7am at their home in Taman Ungku Tun Aminah in Skudai here on Dec 21, 2008.

According to the initial charge, Kupok had allegedly used petrol to set fire to Ganipathy, a bouncer, who died after suffering severe burns to his body.
Justice Kamardin Hashim said the prosecution had failed to establish a prima facie (gagal membukti prima facie=tiada bukti yang cukup untuk meneruskan kes)case as there were several elements, which were not proven.
Kupok.
The prosecution (pihak pendakwa)managed to prove two elements, that is that the victim had died and that his death was caused by severe burns.
“The prosecution, however, failed to prove that the accused had committed the act and also failed to prove that the act was caused with intent,” he said.
“We also cannot rule out the possibility that the victim may have tried to take his own life,” said Kamardin before acquitting and discharging Kupok.
Deputy Public Prosecutor (Penolong Pendakwaraya)Mohd Fazaly Ali Mohd Ghazaly prosecuted.

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