One of the three alleged Rela victims who was purportedly roughed up by a Datuk Seri at a temple here has withdrawn his police report against the accused.
This resulted in an Ampang magistrate’s court granting a discharge not amounting to an acquittal (DNAA) to the accused, Datuk Seri Liow Soon Hee, on two charges.
Magistrate Mohamad Firdaus Sadina Ali made the order after he was informed by DPP Norhashimah Hashim that Rela member Melvin Cheong Mun Khai had withdrawn his report.
After going through his statement that he has forgiven the accused, the prosecution does not wish to pursue the cases against the accused.
“We apply for a DNAA under Section 254 of the Criminal Procedure Code,” she said here yesterday.
Liow’s lawyer Datuk Rajpal Singh asked for the DNAA order to be given on all four charges as the cases are based on the report from Cheong, the sole complainant.
In her reply, DPP Norhashimah said the police report was just an instrument for the prosecution to start its investigation.
“Based on our investigation, there are two more victims that should be taken into account,” she said, adding that the prosecution is pursuing the cases involving the two remaining victims.
Mohamad Firdaus said he agreed with a DNAA only for the two cases involving Cheong as the two other victims wished to pursue the case. The case involving the two other men shall continue for trial, he said.
The court then granted a DNAA to Liow on the charge of causing hurt to Cheong under Section 323 of the Penal Code and another charge of using criminal force to deter Cheong from carrying out his duty as a Rela officer, an offence under Section 353 of the same Code.
The remaining two charges against Liow are under Section 323 of the Penal Code, where he pleaded not guilty to voluntarily causing hurt to Lee Weng Poh, 28, and Leong Jun Jie, 22.
All of the offences were allegedly committed at the compound of Kou Ong Yah Temple, Jalan Merdeka, Kampung Baru Ampang in Ampang at about 6.30am on Oct 27, last year.
Rela operations director Muhamad Razib Buhaini, who spoke to reporters outside the court room, expressed his shock that Cheong withdrew his report.
“Cheong’s decision was an individual decision. Rela never instructed any of them to withdraw,” he said, adding that Cheong is still a Rela member.
The trial went on its first day yesterday with a photographer from the police taking the stand.
The trial continues on Nov 9.
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