KUALA LUMPUR: Three men were acquitted by the sessions court here today of a charge of cheating two ATM technicians.
Judge Hasbullah Adam in acquitting the men without their defence being called, ruled that the prosecution had failed to prove a prima facie case against Grab drivers Adzley Shah Adnan, 49, and Azman Ahmad, 29, and self-employed, Mohd Sofi Abdul Rahman @ Yusoff, 30.
He said the prosecution failed to show that the two technicians were prompted to hand over the ATM cassettes containing RM337,840 after being misled by the trio into believing that they were audit staff from Safeguard G45 Sdn Bhd.
The judge said the prosecution also failed to prove that the cassettes were handed over to the trio, or that the money was in the control of the complainants (technicians).
Adzley Shah, Azman and Mohd Sofi were jointly accused of deceiving Muhammad Syafiruddeen Huzmi @ Hazmi and Muhammad Kamil Azhar Nordin, both aged 23, at CIMB Bank Kuchai Lama here between 9pm and 11pm on June 8, 2018
They were charged under Section 420 of the Penal Code read together with Section 34 of the same code which provides for jail term of not less than one year and not more than 10 years and whipping, and liable to a fine upon conviction.
Deputy public prosecutor Siti Nur Hajar Hamzah represented the prosecution, while Adzley Shah and Azman were represented by counsel Rose Maria Mansor and Muhammad Syazwan Mohd Hasan while Mohd Sofi, by counsel Muhammad Faris Abrar.
During the hearing between Feb 18 and May 30, the prosecution called seven witnesses. - Bernama
