| Fadley Faisal |
THE High Court recently ruled in favour of the prosecution’s request to have the defendants of a gaming house offence, who were originally discharged, to be retried.
The prosecution’s appeal in the High Court was made against a decision concluded in the Magistrate’s Court regarding the discharging and acquittal of four out of six defendants.
Chief Justice Dato Seri Paduka Haji Kifrawi ordered that the Chief Magistrate invite the defendants to provide their defence.
The Chief Magistrate had ruled that a search warrant that police applied for in relation to a house located in Perumahan Kg Rimba had a specific search warrant number.
The prosecution said that the house listed in the search warrant was not the same location where the defendants were arrested.
The Magistrate’s Court ruled that any subsequent evidence obtained after the wrongful entry of the premise were inadmissible, including recorded statements from the defendants.
The Chief Justice added that the prosecution has to prove there is a prima facie case against the defendants and that they are not supposed to make a finding of facts without hearing from the defendants’ first.
Respondents in the prosecution’s appeal, Pg Ibrahim, Ak Samrulspawinizam, Ak Mohammad Faisal and Emran, along with Pg Adey Azmee and Soffian are facing six charges of running and playing in a common gaming house at Pg Ibrahim’s residence in Kg Rimba, Gadong, on August 17, 2009.