A vagrant escaped the gallows after the High Court here today acquitted and discharged him without calling for his defence for the murder of a Myanmar national two years ago.

Judge Amelia Tee Hong Geok Abdullah made the decision after finding that the prosecution had failed to establish a prima facie case against Mohd Abdul Aziz Ibrahim, 25.

In her judgment, Amelia said the prosecution's case rested primarily on the closed circuit television camera (CCTV) recording from Restoran Shukran, the place of the incident.

She said the court was not saying that in an appropriate case, where a CCTV recording clearly captured the commission of an offence and the identity of the perpetrator could clearly be identified, that there cannot be a finding of a prima facie case based solely on a CCTV recording.

"The court finds that without the evidence of the CCTV recording, the prosecution has failed to establish that it was the accused who had caused the death of the deceased," said Justice Amelia.

She said following this failure, there was no necessity for the court to consider whether the act was done with the intention to cause bodily injury to the deceased, and whether the bodily injury was sufficient, in the ordinary course of nature, to cause death.

Amelia said the prosecution had also failed to produce certificate to proof of the CCTV recording.

"Neither was there any oral evidence adduced from the prosecution witness, technician Zaidi Hanapi, to show that the CCTV recording was produced by a computer in the course of its ordinary use," she said.

She said without the evidence of the CCTV recording, the court was also unable to find a prima facie case made out on any lesser charge.

Mohd Abdul Aziz, from Kampung Tepi Laut, Menumbuk, Sabah was charged with murdering Bar Bar (rpt: Bar Bar) at Restoran Shukran, Wisma Cahaya Suria, Jalan Tun Tan Cheng Lock here at 12.40 am on Oct 15, 2011.

Deputy public prosecutor P.Viknesvaran prosecuted, while Mohd Abdul Aziz was represented by counsel Halim Ashgar Hilmi.