Bangladeshi duo accused of kidnapping countryman freed after 7 years in custody

 Court of Appeal accepts defence argument that the prosecution failed to prove the key element of kidnapping with intent to detain.

Faruk Syahabudin and Hosneara Begum Rabesali with their lawyers RSN Rayer (left), Ahmad Taufiq Baharom and R Thandayuthabani.

PUTRAJAYA:

Two Bangladeshi construction workers who have spent more than seven years in custody over a kidnapping-for-ransom charge were freed today after the Court of Appeal set aside their convictions.

A three-member bench chaired by Justice Azmi Ariffin unanimously allowed the appeals by Faruk Syahabudin, 42, and Hosneara Begum Rabesali, 40, against their convictions under Section 3(1) of the Kidnapping Act 1961.

The court set aside the 30-year jail sentences imposed by the Alor Setar High Court on the pair, and Faruk’s sentence of one stroke of the rotan, and acquitted and discharged them.

The other judges on the panel were Justices Radzi Abdul Hamid and Ahmad Shahrir Salleh.

The High Court had convicted Faruk and Hosneara on Feb 1, 2024 of kidnapping countryman Saiful Islam Solihuddin, 25, also a construction worker. The offence allegedly took place at the Kulim bus station in Kedah at about 11.15pm on Dec 22, 2018.

The prosecution said the alleged kidnapping was done with the common intention of holding Saiful for ransom.

Faruk’s lawyer, RSN Rayer, said the Court of Appeal agreed with the defence that the prosecution had failed to prove the key element of kidnapping with intent to detain.

Rayer said the court accepted that the fifth prosecution witness, Noor Ali Syafikh Marzuki, had been present at the house throughout the five days Saiful was allegedly held there, and had testified that Saiful was free to move about and was not restrained.

The court also accepted the possibility that the alleged kidnapping had been staged to obtain money from Saiful’s father.

Faruk was represented by Rayer and R Thandayuthabani, while Ahmad Taufiq Baharom appeared for Hosneara. Deputy public prosecutor Siti Rafidah Zainuddin prosecuted the case. - FMT