MIRI: The Sessions Court has fixed until Oct 15, as the final hearing date, for the case against six Indonesian men, who allegedly committed gang robbery, so that the deputy public prosecutor (DPP) can appear in court.

Judge Azahari Kamal Ramli said it was unfair to the prosecuting officer with the investigating paper (IP) still with the DPP.

The case had been fixed for trial from Oct 13 to 15.

Earlier, Chief Inspector Kerry Dunstan Muda submitted that the case was handled by DPP Mohd Amril Johari, who is on leave.

He was instructed to apply for new hearing date.

The accused are Suhendri Buali, 24, of Singkawang, Mitun Alimin, 26, and Wono Susanto, 25, both of Sambas, Hardianto Kasudi, 30, and Iskanda Mohri, 34, both of Singkawang and Andhu Johan, 28, of Sambas.

They face a charge under Section 395 of the Penal Code, read together with Section 397 of the same Code.

The Section provides for a maximum of 20 years’ jail and whipping.

The group was allegedly carrying knives and two revolvers when they robbed four persons, all surnamed Tan.

Their loot allegedly consisted of cash, gold items, three handphones, a digital camera, a video camera, several wrist watches and three shoulder bags, worth roughly RM42,000.

They were alleged to have committed the offence with an accomplice, who is still at large, at 9pm on May 14, 2007, in a house in Kampung Lopeng Tangah here.

The six Indonesians were recharged on July 18 this year after they had been discharged not amounting to acquittal (DNAA) on May 6 this year.

They are serving a 15-month jail sentence since June 7 this year for escaping from police custody.

They were produced in court yesterday by Miri Prison Special Unit (UKP) personnel.