PETALING JAYA: A High Court in Kuantan has refused to allow the prosecution’s application to withdraw its appeal against a man acquitted of allegedly retaining stolen property.
This could be the first time that a High Court has stopped the attorney-general (AG), who is also the public prosecutor, from using his discretion to withdraw cases under Article 145(3).
Following the decision, the prosecution has filed an appeal in the Court of Appeal due to the wide implication on the administration of justice.
In his brief judgment, High Court judge Zainal Azman Ab Aziz said the court still retained the power to hear the appeal although the prosecution had filed a notice of discontinuance.
He said his ruling was based on the case of PP v Datuk Harun Idris & Others in 1976 and Sundra Rajoo Nadarajah v the foreign ministry delivered last year by a seven-member Federal Court bench.
“This court is also relying on Sections 310, 312(2) and 316 of the Criminal Procedure Code (CPC) to continue hearing the appeal, although the prosecution has expressed that it no longer wants to pursue the matter,” Zainal said in his 16-page judgment released two days ago.
Ahmad Shameer Ahmad Taufek, 31, had been charged with retaining stolen property. The magistrates’ court acquitted him on Feb 1 last year.
The prosecution filed a notice of appeal on Feb 8 but no written submission was filed thereafter.
On Nov 1, the prosecution filed a notice of discontinuance which the court allowed on Feb 22.
However, the judge said Shameer, who is facing similar charges in other parts of the country, is hoping to use the judgment of this court as a precedent in the other magistrates’ courts.
He said Shameer believed that the court could review the power of the AG and public prosecutor under the Constitution and the CPC. - FMT
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