[81] In his grounds of judgment, the learned trial judge proffered the following reasons for acquitting the 30th accused:

"35.9. Capt. Mohd Haisan and Major Haizdar were not called to testify when, where, how and why the 30th accused was arrested by them or by the army. Based on the testimony of PW96 and PW91, the 30th accused was arrested because he was in the operation area and did not possess any valid identification document. Both of PW96 and PW91 did not have any personal knowledge and were not able to testify when, where, how and why the 30th accused was arrested.

35.10. The prosecution did not lead any evidence that at the material times the 30th accused was at Kg Tanduo or that he was one of the armed intruders at Kg Tanduo. He was not seen in the photographs in ID2(1- 50) taken at Kg Tanduo. There was no evidence that he took part in the skirmishes at Kg Tanduo or at Kg Simunul.

35.11. There was no evidence that he planned or prepared for war or participated or took part in the war or any war between the armed intruders and the security force