JOHOR BARU: The High Court here today acquitted and discharged a former chef accused of murdering a man outside a condominium in Plentong six years ago.
Judge Datuk Abu Bakar Katar ruled that the prosecution failed to establish a prima facie case against Calvin Phua Kim Hau, 27.
In delivering his judgment, Abu Bakar said it could not proved that the victim's death resulted from injuries inflicted by the accused.
"The court has thoroughly examined the evidence presented and the written submissions.
"The injuries sustained by the deceased could cause death under normal circumstances, the testimony of two prosecution witnesses did not conclusively link the accused to the fatal stabbing.
"Merely being present at the scene is insufficient to connect the accused to the murder," he said.
Calvin was accused of killing John Liew Yuan, 24, at the condominium on Jalan Masai Jaya, Plentong, at 2.30am on Jun 3, 2018.
He was charged under Section 302 of the Penal Code, which carries the death penalty upon conviction.
The trial, which began in 2022, saw 13 prosecution witnesses testify, led by deputy public prosecutor Muhammad Syafiq Mohd Ghazali.
Calvin was represented by lawyer Mohd Daud Ismail.
Calvin, visibly relieved following the verdict, was accompanied by friends who had arrived as early as 8.30am to lend their support.