'Insulting modesty': AG urged to appeal lawyer's acquittal

A former legal practitioner has urged the Attorney-General's Chambers (AGC) to file an appeal against the Petaling Jaya magistrate’s court’s decision to acquit a fellow lawyer, whom she accused of insulting her modesty.

The deadline to file the appeal is tomorrow.

The complainant’s lawyer Chan Yan Hui alleged that the court had erred in acquitting R Sivaraj on Feb 8.

Under the law, Chan said the magistrate should have first subpoenaed the complainant to attend court before granting an acquittal.

"But in this case, the accused was acquitted on the grounds that the complainant was not present in court.

“The prosecutor did not request for the charge to be withdrawn,” she told Malaysiakini.

Chan also pointed out that the deputy public prosecutor had requested for another hearing date to be fixed.

According to the lawyer, her client, who wished to remain anonymous, did not receive any court subpoena during the trial.

"Under such circumstances where the witness did not appear in court, or when the deputy public prosecutor did not request to withdraw the case, the court usually grants a discharge not amounting to an acquittal (DNAA).

"We have written to the deputy public prosecutor to find out if a notice of appeal has been filed and we don't know if they (AGC) will file an appeal," she added.

Pointing out that the notice of appeal must be served within 14 days from the date of the decision, Chan said the deadline for the appeal is tomorrow (Feb 22).

Accused of uttering profanities

Previously, it was reported that Sivaraj was acquitted by the magistrate's court because the complainant was not present.

On March 2, 2020, Sivaraj was charged under Section 509 of the Penal Code for insulting the modesty of the woman at the Armada Hotel on June 22, 2019. He was alleged to have uttered profanities at her.

Section 509 reads: Whoever, intending to insult the modesty of any person, utters any word, makes any sound or gesture, or exhibits any object, intending that such word or sound shall be heard, or that such gesture or object shall be seen by such person, or intrudes upon the privacy of such person, shall be punished with imprisonment for a term which may extend to five years or with fine or both. - Mkini