Batu MP Tian Chua wants the High Court to acquit him for disobeying orders to exit from a protected area following the Bersih 3.0 rally in 2012 on grounds there was doubt if the trial judge wrote the judgment.
Lawyer Latheefa Koya said the written grounds did not carry the signature and the date the judgment was prepared by the late Sessions Court Judge Mahmud Abdullah.
“These are mandatory requirements under Section 307 of the Criminal Procedure Code,” she submitted before Judicial Commissioner Nordin Hassan.
On Jan 14, 2014, Mahmud found Tian Chua guilty of the charge and sentenced him to one month’s jail and a RM1,000 fine
The PKR vice-president had refused to leave the Malaysian Police Training Centre (Pulapol) upon his release from detention after participating in the rally.
Mahmud, who only delivered an oral decision then, died in May the same year.
Tian Chua appealed against the conviction and sentence while the government cross appealed to enhance the punishment.
Latheefa said she had writen to Mahmud to obtain the judgment as appeal records could not be filed without the written grounds.
She told the court the judgment was finally made available in January this year but without Mahmud’s signature and the date it was prepared.
Latheefa said her client should be acquitted as it was doubtful if Mahmud prepared the judgment.
Deputy Public Prosecutor Tengku Intan Soraya Tengku Ismail submitted that the court could cure the irregularities as there was no miscarriage of justice.
“The appellant is not prejudiced,” she said, adding that Nordin could also go through the notes of evidence to uphold the findings of the trial judge.
Nordin will deliver his ruling on Nov 30.
Source : FMT Reporters Online