July 29, 2020 3:39 PMPUTRAJAYA: A former tow truck operator was spared the gallows today for the alleged murder of a trader six years ago.
Rajpal Singh said Ruban, 31, was not present when the murder took place but his brother Vickneswaran was, adding that the judge had insisted an alibi notice was given as defence. Rajpal said it was a case of mistaken identity as the brothers looked alike and that the trial judge accepted the evidence of prosecution witness I Sathiamoorthy, a close friend of the deceased, R Sathaya Devan, 23.
Another counsel, Amer Amzah Arshad, said there was material contradiction in the prosecution’s case which could not be reconciled as proper evaluation of the evidence was not carried out.A three-member Court of Appeal bench chaired by Nor Bee Ariffin said the High Court’s conviction last year was unsafe.
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