Attorney-general Abdul Gani Patail said the prosecution decided not to appeal over former transport minister Dr Ling Liong Sik’s acquittal at the Kuala Lumpur High Court because of an assessment of fact by the court on one of the main witnesses in the trial.
Abdul Gani said the court threw out the case, based on a finding of fact and not by finding of law.
“If it is a finding of law it can be argued. However, in an assessment of fact, it is difficult for the prosecution to appeal,” he said.
Abdul Gani said a former AG had given a ruling for the Attorney-General’s Chambers that when a case is dismissed on a finding of fact it is not worth it to appeal.
“The finding of fact by the judge was based on what the witness had said,” he said.
“When your main witness says he is not cheated, what case do we have? The court threw out the case by this finding of fact,” he said.
Abdul Gani (right) told this to reporters during a press conference in Putrajaya late this evening over the alleged rape case in Kedah involving a former young married couple.
He was asked to comment on why the prosecution did not appeal over Ling’s acquittal.
Although he did not name the main witness, it is believed he was referring to former premier Dr Mahathir Mohamad who testified in Ling’s defence, denying he was cheated by what was presented to him by the former transport minister.
Previously, de facto law minister Nancy Shukri had also explained in Parliament why the prosecution did not appeal in the case.
Abdul Gani said the court threw out the case, based on a finding of fact and not by finding of law.
“If it is a finding of law it can be argued. However, in an assessment of fact, it is difficult for the prosecution to appeal,” he said.
Abdul Gani said a former AG had given a ruling for the Attorney-General’s Chambers that when a case is dismissed on a finding of fact it is not worth it to appeal.
“The finding of fact by the judge was based on what the witness had said,” he said.
“When your main witness says he is not cheated, what case do we have? The court threw out the case by this finding of fact,” he said.
Abdul Gani (right) told this to reporters during a press conference in Putrajaya late this evening over the alleged rape case in Kedah involving a former young married couple.He was asked to comment on why the prosecution did not appeal over Ling’s acquittal.
Although he did not name the main witness, it is believed he was referring to former premier Dr Mahathir Mohamad who testified in Ling’s defence, denying he was cheated by what was presented to him by the former transport minister.
Previously, de facto law minister Nancy Shukri had also explained in Parliament why the prosecution did not appeal in the case.
Central to the issue in Ling’s case was that the price of RM25 per square foot for the purchase of the Port Klang Free Zone already includes interests.
Ling, in his cabinet papers prepared by his officers, claimed it did not and this resulted in the government paying an extra RM720 million for the land acquisition.
While several cabinet ministers called by the prosecution agreed that the price of RM25 does include interests, several former ministers including Mahathir, former human resources minister Fong Chan Onn and long-time tourism minister Abdul Kadir Sheikh Fadzir claimed otherwise.
It was reported that the prosecution did not appeal over Ling’s acquittal after the 14-day period had elapsed.
Police told to re-open rape case
On the issue of the young couple, one of whom was a 12-year-old girl who was allegedly raped and got married in Kedah last year, and was reported to have divorced last month, Abdul Gani has asked for the case to be re-opened.
“I have asked the police and investigating officer in the case to re-open the matter and submit the results of the investigations within one week’s time.
He said a youth had admitted to the rape charge and had been sent to a rehabilitation school in Padang Terap, Kedah.
“The other suspect is still at large as police have yet to arrest him,” he said.
It was reported by some media that the girl’s father had claimed this week after the divorce that she was raped by her 19-year-old husband Mohd Fahmi Mohamed Alias before they were married, while the boy denies it.
Abdul Gani hopes he will get the results of the investigation within a week.
He contrasted this case as different from the Sabah case where a 40 year-old man who was charged with rape, then married the victim.
“In that case, we even charged the girl’s father for accepting money for her hand in marriage after the man was charged, and the case is on-going,” he said.
The AG said in the Kedah case, the girl’s father withdrew the rape police report after Mohd Fahmi agreed to marry the girl.
Ling, in his cabinet papers prepared by his officers, claimed it did not and this resulted in the government paying an extra RM720 million for the land acquisition.
While several cabinet ministers called by the prosecution agreed that the price of RM25 does include interests, several former ministers including Mahathir, former human resources minister Fong Chan Onn and long-time tourism minister Abdul Kadir Sheikh Fadzir claimed otherwise.
It was reported that the prosecution did not appeal over Ling’s acquittal after the 14-day period had elapsed.
Police told to re-open rape case
On the issue of the young couple, one of whom was a 12-year-old girl who was allegedly raped and got married in Kedah last year, and was reported to have divorced last month, Abdul Gani has asked for the case to be re-opened.
“I have asked the police and investigating officer in the case to re-open the matter and submit the results of the investigations within one week’s time.
He said a youth had admitted to the rape charge and had been sent to a rehabilitation school in Padang Terap, Kedah.
“The other suspect is still at large as police have yet to arrest him,” he said.
It was reported by some media that the girl’s father had claimed this week after the divorce that she was raped by her 19-year-old husband Mohd Fahmi Mohamed Alias before they were married, while the boy denies it.
Abdul Gani hopes he will get the results of the investigation within a week.
He contrasted this case as different from the Sabah case where a 40 year-old man who was charged with rape, then married the victim.
“In that case, we even charged the girl’s father for accepting money for her hand in marriage after the man was charged, and the case is on-going,” he said.
The AG said in the Kedah case, the girl’s father withdrew the rape police report after Mohd Fahmi agreed to marry the girl.
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