JUDGMENT

Suriyadi Halim Omar JCA:

[1] These two appeals, C-05-27-06 and C-05-94-05, are connected. They originated from criminal trial No. 45(46)-3-2004, where seven persons were charged for murder under s. 302 of the Penal Code read together with s. 35 of the same Code. All the accused persons in the above case are prison officers and personnel from Penjara Penor, Kuantan.

[2] At the trial, before the commencement of the submissions but still at the prosecution's stage, the learned Deputy Public Prosecutor (DPP) conceded that no prima facie case had been established against the sixth accused person, whereupon he was acquitted and discharged. At the close of the prosecution's case, after hearing the submissions of accused persons 1, 2, 3, 4, 5 and 7, the court only called the first accused person to enter his defence, and acquitted accused persons 2, 3, 4, 5 and 7. At close of the defence case the learned trial judge found that the first accused person had failed to cast any reasonable doubt on the prosecution's case and therefore found him guilty. He was accordingly convicted of the charge of murder and sentenced to death.

[3] Pursuant to the order of acquittal of accused pers