The Shah Alam Sessions Court today acquitted and discharged Tuanku Mizan Military Hospital (HATTM) pathologist, Colonel Dr R Kunaseegaran on six charges of using HATTM equipment without the knowledge of the hospital.
Judge Slamat Yahya also acquitted and discharged former HATTM assistant lab technician Yazid Lamin, 47, on three counts of abetting Kunaseegaran, 54, by taking out the HATTM pathological laboratory equipment without the hospital's knowledge.
The court made the decision after being satisfied that the defence had cast reasonable doubt on the prosecution's case.
Kunaseegaran, who is being held at the Sungai Buloh Prison, has also been charged with abetting seven men in the murder of Deputy Public Prosecutor (DPP) Anthony Kevin Morais, two years ago.
On the six counts, Kunaseegaran was charged with using equipment belonging to HATMM which included a Microtome', 'Microtome Rotary System' and 'Circular Parafin Floating Bath' without the hospital's knowledge, at No 23 and No 26 Galeri Empire, Jalan Empayar via Jalan Sultan Ibrahim, Klang in June 2010 and April 2012.
The charges were framed under Section 403 of the Penal Code which provides for imprisonment up to five years and whipping, and liable to be fined if found guilty.
Meanwhile, Yazid, who is also a former military warrant officer, was charged with abetting Kunaseegaran by taking out the hospital's equipment, among them, a Thermo Shandon Finesse E+ Microtome and a Leica Microtome Rotary System without the hospital's knowledge.
The offences were allegedly committed at Clinipath (Malaysia) Sdn Bhd, No 23, Galeri Empire, Jalan Empayar, Off Persiaran Sultan Ibrahim/KU 1, Klang, in June 2010.
Yazid, who had previously served 25 years in the Armed Forces, was charged under Section 109 of the Penal Code, read together with Section 403 of the same Act, which carries a jail term of up to five years and whipping and liable to a fine, upon conviction.
In his judgment, Judge Slamat said after reviewing the evidence of all the prosecution witnesses, exhibits and defence of the two accused, the court found the prosecution had failed to prove who had brought the three equipment to the laboratory.
"Both accused denied giving instructions or moving the equipment, in fact, there was no evidence to prove that the two accused had moved the equipment. There was no basis to show that all the equipment were properly registered at HATMM and failure of the 12th prosecution witness (registration staff) to do so, made him a witness who was not credible.
"The testimonies of the prosecution witnesses were also consistent with the defence of the two accused that the equipment were used for training purposes, hence, despite the fact that the defence of both accused were not supported by other defence witnesses, the court is satisfied that their defence had raised reasonable doubts in the prosecution's case," he said.
The prosecution was conducted by Malaysian Anti-Corruption Commission (MACC) DPP Mohammed Heikal Ismail while Kunaseegaran and Yazid were represented by lawyer Geethan Ram Vincent.
--Bernama
