6 in Penang pasembor stall fight released by court

 

Defence lawyer RSN Rayer (fourth from left) with the six accused in court today.

GEORGE TOWN: Six men working at rival pasembor stalls who got into a fight last year have been released by a court here after a magistrate granted them a discharge not amounting to an acquittal (DNAA).

The order was made after two prosecution witnesses informed the court that they had withdrawn police reports filed against the men in a bid to resolve the matter amicably with the accused.

The six men, who are related to each other, worked at two stalls in the Medan Renong food court at Padang Kota Lama here.

Ridzuan Rawther, 33, Rais Ahmad Hussain, 38, Anwar Ibrahim Noorkan, 39, Jamil Kader Gani, 36, Khrom Salam, 32, and Ridzuan Salam, 30, were accused of disturbing the peace at the city council food court on Feb 1, 2022.

They were charged under Section 160 of the Penal Code, which provides for six months’ jail or a RM1,000 fine, or both, upon conviction. The six had previously posted bail of RM2,000 each with one surety.

When the trial began, magistrate Nur Melati Diana Wahab heard that the witnesses, Jamil Kader Gani and Ridzuan Rawther, had withdrawn their police reports and no longer wished to proceed with the case.

Defence lawyer RSN Rayer then asked the deputy public prosecutor to use her powers under Section 254 of the Criminal Procedure Code (CPC) to discontinue the case.

Deputy public prosecutor Nurul Atikah Asharaf Ali, however, refused, insisting that it was in the public interest that the case continue.

Nur Melati acceded to Rayer’s request and exercised her power under Section 173(g) of the CPC to issue the DNAA on the basis that the case against the six was groundless.

In an unrelated case, Nur Melati also acquitted a policeman from a drug charge after finding that the prosecution had failed to prove a prima facie case against him.

Fariz Aziz, 35, had tested positive for amphetamines and methamphetamines on Dec 27, 2018, at the George Town police headquarters and was charged with drug use under Section 15(1)(a) of the Dangerous Drugs Act 1952.

At trial, the defence contended that a urine sample tendered in evidence had not been identified, giving rise to a “serious gap” in the chain of evidence.

K Simon Murali represented Fariz. - FMT