Two men escaped the noose today when the Alor Setar High Court here acquitted and discharged them on a charge with murdering a Padang Serai MCA Youth chairperson four years ago without calling for their defence.

Judicial Commissioner Datuk Zakiah Kassim ordered Abdul Nirwan Abdul Aziz, 31, from Tasik Gelugor, Penang, and Mohamad Zalmizi Hasim, 27, from Bachok, Kelantan, to be released after finding that the prosecution had failed to establish a prima facie case against them.

Abdul Nirwan and Mohamad Zalmizi, who are self-employed, were jointly charged with murdering Ching Eng Wah at the Jalan Lunas/Padang Serai traffic light junction about 8.50am on Aug 17, 2007.

Ching, 43, was shot on the head when he stopped his Mercedes Benz car at the traffic light junction while on his way home after breakfast with his wife, Low Mui Keow.

They were charged under Section 302 of the Penal Code, read together with Section 34 of the same law, which carried the mandatory death sentence upon conviction

In her judgment, Zakiah cited several grounds, including that the prosecution had failed to prove that Abdul Nirwan and Mohamad Zalmizi were responsible for the murder, no witness was called to testify, no one really witnessed the murder and a pistol, which was an exhibit in the case, was not functioning.

"In this case, the pistol, which was found at a witness' house, was rusty, while the victim's wife could not see clearly the killers.

"Although the victim's wife was able to identify the killers through the identification parade, it was only based on strong suspicion and could not be made an evidence in court," she said.

Deputy public prosecutor Ana Rozana Mohd Nor prosecuted, while Abdul Nirwan and Mohamad Zalmizi were represented by lawyers Noran Singh and Ai Cha Ran

- Bernama