Was it a DPP's fumble that resulted in the High Court judge ACQUITTING rather that a DNAA (Discharge not amounting to acquittal). As mentioned in an earlier post, there is always possibilities that evidence may later emerge that may warrant charging an accused for this crime. So, justly when proceedings are discontinued in mid-trial, the just order will be DNAA - Remember the Cowgate case, see earlier post
LTTE related case - DISCHARGE not amounting to acquittal(DNAA) and not ACQUITTAL is just?
In this case, the Deputy Public Prosecutor seems to have fumbled when it was reported that he told the court that there is no possibility of whether the accused will be prosecuted in the future. This would have been a wrong position for no one knows whether new evidence will arise in the future.
Deputy public prosecutor Soffian Jaafar applied for Balamurugan to be given a discharge but lawyer Omar Kutty Abdul Aziz submitted that it should be a discharge amounting to an acquittal.Shahrir: Will you prosecute him in the near future?Soffian: The possibility is not there.Shahrir then ordered an acquittal, meaning Balamurugan could not be charged again with the same offences.
The lawyer, Omar Kutty Abdul Aziz, must be commended for he took a just position in asking for a DNAA(Discharge Not Amounting an Acquittal) - and not for an simple acquittal. Read the earlier post LTTE related case - DISCHARGE not amounting to acquittal(DNAA) and not ACQUITTAL is just?
He did right, in my opinion, for lawyers are bound to uphold the cause of justice - and asking for an Acquittal, when there is always a possibility of new evidence coming to light later on. A DNAA has the same effect, the accussed will be immediately released.
The Judge, may have his own reasons, for acquitting rather than giving a DNAA. To understand that better, we have to wait and read the judgment.
Will the prosecution appeal and ask for a DNAA, and not a total Acquittal? We shall see.
I reiterate that some of these offences that he and the others were charged we need to be reviewed and then repealed, or amended. The sentences for these offences need also reviewed - personally, the maximum sentence should justly be no more than 5 years, unless the possession is weapons and/or explosives.
Freed taxi driver seeks order to remove LTTE as terror group
KUALA LUMPUR: Taxi driver V Balamurugan, who was acquitted of
supporting and possessing items related to the Liberation Tigers of
Tamil Eelam (LTTE), will pursue his legal challenge to compel the home
minister to remove the defunct entity as a terrorist organisation from a
gazette notification, his lawyer said.
Matthews Jude said a court declaration was important to stop
investigation and prosecution against any one who showed sympathy to
LTTE.
“We are seeking a court order to direct the minister to delist LTTE
as a terror group,” he told reporters after case management before High
Court judge Mariana Yahaya.
He said Mariana fixed June 2 to hear the judicial review application by Balamurugan.
On Friday, Attorney-General Tommy Thomas said he had decided to drop
the charges against the 12 individuals accused of having links with LTTE
as there was “no realistic prospect” for their conviction.
“As public prosecutor, I must conduct myself in a manner which will
maintain, promote and defend the interest of justice,” he said.
Thomas said defence lawyers could also argue that the declaration of
LTTE as a terrorist group could be invalid or should have been revoked
after a six-month review by the minister
“Balamurugan’s judicial review is on a strong footing as the AG’s media release is in support of our argument,” Jude said.
In the application, Balamurugan, 37, is seeking an order from the
court to quash the notification, gazetted on Nov 12, 2014 by then home
minister Ahmad Zahid Hamidi.
He said the minister’s decision to declare LTTE as a terrorist group
was untenable as the Sri Lankan army had declared the entity as a
defunct organisation in 2009.
Moreover, the Swiss Federal Court had also declared last December that LTTE was not a criminal organisation, he said.
Earlier today, judicial commissioner Ahmad Shahrir Mohd Salleh
acquitted Balamurugan of a charge of supporting LTTE at an event held at
the Kuala Kangsar Municipal Council hall on Dec 28, 2014.
He also freed Balamurugan of three charges of possessing items with
elements of terrorist acts or related to LTTE in a mobile phone at three
locations in Sungai Siput on Oct 10 last year.
Deputy public prosecutor Soffian Jaafar applied for Balamurugan to be
given a discharge but lawyer Omar Kutty Abdul Aziz submitted that it
should be a discharge amounting to an acquittal.
Shahrir: Will you prosecute him in the near future?
Soffian: The possibility is not there.
Shahrir then ordered an acquittal, meaning Balamurugan could not be charged again with the same offences. - Free Malaysia Today, 24/2/2020
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