We won’t appeal celebrity preacher’s acquittal ‘as case is weak’, says prosecutor

 

Celebrity preacher Syed Shah Iqmal Syed Mohammad Shaiful, or Da’i Syed (right) with his lawyer Syed Amirul Syed Edros. (Bernama pic)

PETALING JAYA: The prosecution will not appeal against the acquittal of a celebrity preacher over charges of molesting and having unnatural intercourse with a private college student as the “facts are not with us”, said a prosecutor.

Head of prosecution in the Attorney-General’s Chambers, Nik Suhaimi Nik Sulaiman, said the complainant had informed them that she made a police report to withdraw her earlier report.

“She did not want to proceed. We are not going to succeed because the facts are not with us,” he told FMT in a text message.

Nik Suhaimi said police had also recorded a statement from her.

He also said the deputy public prosecutor had yesterday requested for a discharge not amounting to an acquittal but the sessions court followed the Court of Appeal ruling as a binding precedent.

Judge Jamaludin Mat acquitted the accused in accordance with Section 254 (3) of the Criminal Procedure Code for both cases and ordered bail of RM25,000 to be returned.

That provision empowers the court to exercise its discretionary power as interpreted by the Court of Appeal.

Yesterday, deputy public prosecutor Norhashimah Hashim applied for Da’i Syed to be given a discharge not amounting to an acquittal (DNAA) on both the charges.

She said the application was made in accordance with Section 254 (2) of the Criminal Procedure Code.

However, defence lawyer Syed Amirul Syed Edros submitted that the withdrawal of the police report revealed that the complainant was not interested in pursuing the case.

“The police report, which was the basis of this case, was withdrawn by the complainant voluntarily and without any coercion or elements of bribery,” he said.

On Dec 10, 2020, Da’i Syed pleaded not guilty to committing unnatural sex and outraging the modesty of a 22-year-old private college student at his rented house in Damansara Perdana here on Oct 17, 2020.

He was also charged with using criminal force on the same woman with intent to outrage her modesty at the same place and date. - FMT