KUALA LUMPUR: A despatch rider was acquitted and discharged while two brothers were called to enter their defence by the Sessions Court here today on a charge of burning the Metro Tabernacle Church in Desa Melawati near here.

Judge S.M Komathy Suppiah threw out the charge against Azuwan Shah Ahmad on the ground that there was no clear evidence against him.

Meanwhile, the judge fixed Aug 10 for Raja Mohamad Faizal Raja Ibrahim and his brother, Raja Mohamad Idzham have to make their defence.

The three were charged on Jan 29 with committing mischief with fire, with intention to destroy the church building at 11.50pm on Jan 7. All three had pleaded not guilty.

In her ruling, Komathy said the testimony of prosecution witnesses were credible to link the first accused, Raja Mohamad Faizal and the second accused, Raja Mohd Idzham to the case.

Komathy said eye witnesses, Mohd RazmanAzmir Shaharran and Noor Sahli Nasrullah Bahariddin testified that both of them met a group of friends, including Raja Mohamad Faizal and Raja Mohd Idzham at a cafe on the night of the incident.

Another prosecution witness, Yong Choy Yee testified that he saw from his car near the scene a man took out his shirt and his hair were in flames while abdomen scalded.

The injuries sustained as seen by Yong were identical to the injuries described by Dr Soep Sadimon from Izham Clinic who treated one of the accused.

Raja Mohamad Faizal and Raja Mohd Idzham were represented by Datuk Hanif Hashim while Rosal Azimin Ahmad appeared for Azuwan.

Deputy public prosecutors Azlina Rasdi and Lailawati Ali appeared for the prosecution.