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Two Bangladeshi construction workers have been acquitted by Malaysia’s Court of Appeal after spending more than seven years in detention over allegations of kidnapping a fellow Bangladeshi worker for ransom.
A three-member bench led by Justice Azmi Ariffin unanimously allowed the appeals of Faruk Syahabudin, 42, and Hosneara Begum Rabesali, 40, overturning their convictions under Section 3(1) of Malaysia’s Kidnapping Act 1961.
The appellate court also set aside the 30-year prison sentences imposed by the Alor Setar High Court, along with the one stroke of the cane ordered against Faruk, and directed that both be released immediately.
The other members of the bench were Justice Radzi Abdul Hamid and Justice Ahmad Shahrir Salleh.
The two Bangladeshis had been convicted on February 1, 2024, by the Alor Setar High Court over the alleged kidnapping of Saiful Islam Solihuddin, 25, another Bangladeshi construction worker.
According to the prosecution, the alleged offence took place at the Kulim Bus Station in Kedah at around 11:15 pm on December 22, 2018. Prosecutors claimed the two accused had acted together to detain Saiful in order to demand a ransom from his family.
During the appeal hearing, Faruk’s lawyer, RSN Rayer, argued that the prosecution had failed to prove a key element of the offence: the intention to unlawfully confine the alleged victim.
The Court of Appeal accepted the testimony of the prosecution’s fifth witness, Noor Ali Syafikh Marzuki, who was present at the house where Saiful was allegedly kept for five days.
The witness told the court that Saiful was free to move around the house and had not been locked up or prevented from leaving, casting doubt on the prosecution’s claim that he had been unlawfully confined.
The appellate court also accepted the possibility that the alleged kidnapping had been staged as part of an attempt to obtain money from Saiful’s father, further weakening the prosecution’s case.
Faruk was represented by lawyers RSN Rayer and R. Thandayuthabany, while Ahmad Taufiq Baharom appeared for Hosneara. Deputy Public Prosecutor Siti Rafidah Zainuddin represented the prosecution.
The ruling brought an end to a legal battle that lasted more than seven years, with the two Bangladeshi nationals finally regaining their freedom after the appellate court found the evidence insufficient to uphold their convictions.
