The criminal court has granted a discharge not amounting to an acquittal (DNAA) to former Permatang Pasir assemblyperson Muhammad Faiz Fadzil over an alleged outrage of modesty.
Earlier today, the Shah Alam Magistrate’s Court issued the DNAA to the accused during mention of the case under Section 354 of the Penal Code.
Under the law, an accused granted DNAA may be recharged for the same offence in the future if prosecutors wish to do so.
When contacted by the media, Faiz confirmed that magistrate Mohamad Suffian Jaafar granted the DNAA, when the prosecution team applied to withdraw the charge, following the Attorney-General’s Chambers (AGC) having accepted the representation.
“Correct. The TPR (deputy public prosecutors from AGC) accepted the representation sent (by the defence team) on Aug 17, 2023.
“Alhamdulillah, the representation is based on facts,” Faiz said, adding that his counsel today was Abdul Aziz Hamzah.
Checks on the judiciary’s website showed Faiz’s case set for mention before the Shah Alam Magistrate’s Court today, with the outcome listed as DNAA.
Back on June 9, 2021, before the criminal court, Faiz pleaded not guilty to the charge, which accused him of using criminal force with the intention to outrage the modesty of a 31-year-old woman.
He was accused of committing the offence on March 8 that year, between 9.45pm and 11.30pm, while they were both in a car travelling from Sunway Pyramid shopping mall to Subang Jaya, Selangor.
The magistrate’s court had then released him on a RM10,000 bail with the condition to not disturb the prosecution’s witnesses.
The woman was previously identified by online portal MalaysiaNow in a March 24 report as a PKR member.
Faiz, who is also an Amanah central committee member, had at the time denied all allegations and confirmed cooperation with a police probe following the woman’s report lodged on March 16.
Section 354 of the Penal Code provides for punishment of up to 10 years in jail, a fine, whipping, or a combination of these. - Mkini
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