Discharged on two charges of assaulting one of three Rela members, with two other charges remaining.
One of the three Rela victims who was purportedly roughed up by a Datuk Seri at a temple in Ampang has withdrawn his police report against the accused.
This resulted in the Ampang Magistrate’s Court today in granting a discharge not amounting to an acquittal (DNAA) to the accused Liow Soon Hee, 30, on two charges of assaulting and obstructing a Rela member from carrying out his duty last year.
Magistrate Mohamad Firdaus Sadina Ali made the decision after deputy public prosecutor Norhashimah Hashim informed the court that victim Melvin Cheong Mun Khai, 22, withdrew his report after accepting Liow’s apology and has forgiven the accused.
As such, lawyer Datuk Rajpal Singh representing Liow applied to the court to grant a discharge not amounting to an acquittal to his client on all four charges involving the three victims on grounds that Melvin was the complainant in all the charges.
However, Norhashimah objected, saying that the police report was just an instrument for the prosecution to start its investigations and that there were two other victims to be taken into consideration.
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 magistrate then allowed the lawyer’s application to grant a discharge not amounting to an acquittal to Liow on the two charges involving Melvin but ordered for the charge of assaulting the two other victims to proceed to full trial.
Liow was slapped with three charges of assaulting Melvin, Lee Weng Poh, 28, and Leong Jun Jie, 22, in the compound of Kou Ong Yah Temple, Jalan Merdeka, Kampung Baru Ampang, here at 6.30 am on Oct 27, 2017.
The charge under Section 323 of the Penal Code, provides for a maximum jail term on one year or fine of RM2,000, or both, upon conviction.
He was also charged with obstructing Melvin from carrying out his duty on the same day, and at the same time and place.
For that, he was charged under Section 353 of the Penal Code, which carries a maximum jail term of two years or fine, or both, if convicted.
Rela Operations Division director Muhamad Razib Buhaini, who spoke to reporters outside the courtroom, expressed his shock that Cheong withdrew his report.
“We were only informed on Wednesday in court that he would like to withdraw the police report. We were shocked and this was done without consulting Rela. We hope the case will continue as it affects the dignity of Rela.
“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.
Rajpal claimed the defence only found out that the report was withdrawn on Wednesday.
The trial went on its first day yesterday with a photographer from the police taking the stand.
The trial continues on Nov 9.