MALAYSIAN courts must stop acquitting the accused persons at the beginning of trials or mid-trial just because the public prosecutor elects to discontinue the case.
Alternatively, a discharge not amounting to an acquittal (DNAA) should be the appropriate order as it places the accused in the same position as everyone else by being no longer an accused in court, according to Malaysians Against Death Penalty and Torture (MADPET).
“An acquittal must be reserved generally for cases after full trial when the court evaluates the evidence and determines that a person is not guilty – or really that the prosecution has failed to prove guilt beyond reasonable doubts,” Charles Hector, co-founder of the non-governmental organisation (NGO) pointed out in a statement.
MADPET was referring to the Kuala Lumpur High Court’s granting of a “full acquittal” to former spy chief Datuk Hasanah Abdul Hamid yesterday (Aug 9) in the US$12.1 mil (RM50.4 mil) criminal breach of trust (CBT) case.
The verdict by Judicial Commissioner Roz Mawar Rozain has overturned the decision of High Court judge Datuk Ahmad Shahrir Mohd Salleh on April 12 last year who only granted Hasanah a DNAA on grounds that the prosecution had said that there are new developments as well as having indicated that she will be made to face her charge at a later date.
“Now, the acquittal by the High Court makes all the efforts of the MACC (Malaysian Anti-Corruption Commission) and other investigating bodies worthless as it seems that they were almost ready to re-charge Hasanah,” asserted Hector.
“This is wrong. We are also talking here about public funds being monies of the Malaysian people. Now, sadly, we the victims are denied justice unless the acquittal is overturned by the Court of Appeal.”
On this note, MADPET is urging the public prosecutor to appeal Hasanah’s acquittal, thus restoring the DNAA that the High Court ordered in April 2021.
It further called on judges not to acquit accused persons mid-trial without a total evaluation of evidence unless it is proven that the accused was wrongly accused as the real perpetrator has been later identified.
“A DNAA places the accused at the same position as every other Malaysian who faces the possibility of being charged for any crime – by having ‘the sword of Damocles’ hanging over them,” opined Hector.
“An acquittal – not after a full trial – on the other hand is a ‘gift’ and the possibility that a breaker of Malaysian laws may simply avoid justice due for the crimes committed is appalling.” – August 10, 2022
