[1] This is an appeal by the Public Prosecutor against the decision of the Court of Appeal which had set aside the conviction of the respondent by the Kuching High Court on a charge of murder under s 302 read with s 34 of the Penal Code . At the Kuching High Court the respondent was charged, together with another person still at large, with having committed the murder of Mr Fabian Lim Ann Hoaw ('the deceased') on 18 February 2005 at about 6.15pm in front of Fu Xiang Food Centre at Rubber Road, Satok, Kuching, Sarawak.

[2] At the end of the trial the learned trial judge found that, upon maximum evaluation, the prosecution had proven its case beyond reasonable doubt and that the respondent had failed to raise a reasonable doubt on the prosecution's case and accordingly found him guilty of murder under s 302 of the Penal Code and sentenced him to death.

[3] The respondent appealed to the Court of