Case Of Activist Recording Police Raid Back On Trial Dnaa Set Aside





A case in which an activist was charged with disobeying a police order to stop live recording a police raid, is back on trial.
The Shah Alam High Court today overturned the discharge not amounting to an acquittal (DNAA) granted to Wong Yan Ke and sent the case back to the Magistrates’ Court for trial.
"This case is to be reverted to the Magistrates’ Court," judge Aslam Zainuddin ruled.
Wong (above) - a former Universiti Malaya Association of New Youth (Umany) president - was arrested on Nov 7, 2020, when police raided the house of his successor Yap Wen Qing.
This was in relation to a probe of a Umany article on the role of the Yang di-Pertuan Agong.
Wong had filmed the police raid on his phone and defied instructions for him to stop doing so.
Initially, the police had charged him under Section 186 of the Penal Code (obstructing a public officer) but they later switched to Section 188 (resisting a public servant in the discharge of his duty) for prosecution.
However, in October this year, the Magistrates’ Court granted Wong a DNAA after the prosecution failed to present any of its five witnesses in court.
The High Court later called for the decision to be reviewed, leading to today's decision.
‘Only AG has authority over DNAA’
During today’s proceedings, lead prosecutor Shahrul Ekhsan Hasim argued that the Magistrates’ Court has erred in granting Wong the DNAA because the prosecution has not dropped charges against him.
“But then, putting aside (that the charges have not been dropped), we argue that the magistrate has erred, totally erred, because he has no authority at all to use this discretionary power to grant a DNAA.
“Only the attorney-general has that power. That is why this revision came in and we want this case to be reverted back and continue in the Magistrates’ Court.
“In this case, the prosecution has never told the court that we might discontinue the case,” he said.
He added that the witnesses had failed to appear in the previous hearings because they had yet to receive their subpoenas.
Wong’s counsel Shashi Devan concurred, citing Article 145(3) of the Federal Constitution and Section 376 of the Criminal Procedure Code that only the attorney-general may discontinue or drop charges.
However, he also argued on three grounds that the High Court should acquit Wong.
These are: The prosecution has allegedly failed to follow due process; the prosecution has yet to file for an appeal against the DNAA decision; the High Court has the discretion to acquit Wong based on the lack of evidence.
The court ultimately decided the revert the case to the Magistrates’ Court.
Police accountability
Speaking to reporters outside the courtroom, Wong said he accepts the High Court’s decision.
“We will certainly take today’s decision in stride and prepare to continue with proceedings since the case involves public interest.
“It (the case) will decide whether people have the right to record and livestream police enforcement activities.
“This is the only way for the people to ensure the police can be held accountable. The police cannot hold excessive arbitrary powers and become unaccountable.”
Shashi added that Wong had always intended to defend his case.
“We had never asked for the matter to be DNAA because Wong has always believed that he had the right to a fair trial as entrenched in the Federal Constitution, and he would like to have his day in court to prove his innocence,” he said. - Mkini


Artikel ini hanyalah simpanan cache dari url asal penulis yang berkebarangkalian sudah terlalu lama atau sudah dibuang :

http://malaysiansmustknowthetruth.blogspot.com/2023/11/case-of-activist-recording-police-raid.html

Kempen Promosi dan Iklan
Kami memerlukan jasa baik anda untuk menyokong kempen pengiklanan dalam website kami. Serba sedikit anda telah membantu kami untuk mengekalkan servis percuma aggregating ini kepada semua.

Anda juga boleh memberikan sumbangan anda kepada kami dengan menghubungi kami di sini
Zahid S Vln Case March 18 Set As Tentative Date For Appeal Hearing

Zahid S Vln Case March 18 Set As Tentative Date For Appeal Hearing

papar berkaitan - pada 17/11/2023 - jumlah : 129 hits
The Court of Appeal tentatively set March 18 next year to hear the prosecution s appeal to reverse the acquittal of Deputy Prime Minister Ahmad Zahid Hamidi in the foreign visa system corruption case The appellate court earlier today fixed ...
Benda Tu Normal Untuk Pendatang Baru Fattah Amin Tampil Back Up Adik Adik Hero Dewi Remaja Tak Pandai Peribahasa

Benda Tu Normal Untuk Pendatang Baru Fattah Amin Tampil Back Up Adik Adik Hero Dewi Remaja Tak Pandai Peribahasa

papar berkaitan - pada 7/11/2023 - jumlah : 311 hits
Ekoran kontroversi tentang finalis HeroDewi Remaja 2023 yang kelihatan gagal menjawab soalan peribahasa apabila ditanya itu telah mengundang salah seorang bekas Hero Remaja 2012 pelakon Fattah Amin untuk memberi komen berkenaan hal ini Ujar...
Pkr S Association With Liberal International Goes Back Years

Pkr S Association With Liberal International Goes Back Years

papar berkaitan - pada 6/11/2023 - jumlah : 181 hits
Murray Hunter Nurul Izzah in 2016 claimed PKR is a full member of LI Why is Fahmi Fadzil threatening to prosecute anybody who says PKR is a member Will PKR sue Nurul too Liberal International condemns Malaysian court s politically motivated...
Najib Discharged From Hkl Back In Prison After Covid 19 False Alarm

Najib Discharged From Hkl Back In Prison After Covid 19 False Alarm

papar berkaitan - pada 6/11/2023 - jumlah : 257 hits
Former premier Najib Abdul Razak has been discharged from the Kuala Lumpur Hospital and is back in prison Najib was taken to the hospital on Nov 3 after reportedly suffering a fever Initially his aide Muhammad Mukhlis Maghribi said that Naj...
1mdb Trial Defence Grills Cop For Interrogating Najib After Being Charged

1mdb Trial Defence Grills Cop For Interrogating Najib After Being Charged

papar berkaitan - pada 15/11/2023 - jumlah : 185 hits
1MDB TRIAL A police money laundering investigator today claimed that former prime minister Najib Abdul Razak was uncooperative during interrogation Foo Wei Min testified that Najib s only reply when grilled over five transactions allegedly ...
Gua Musang Mp Latest Bersatu Lawmaker To Back Anwar

Gua Musang Mp Latest Bersatu Lawmaker To Back Anwar

papar berkaitan - pada 8/11/2023 - jumlah : 133 hits
Gua Musang MP Mohd Azizi Abu Naim is the latest Bersatu MP to break ranks and give his support to Prime Minister Anwar Ibrahim Following in the footsteps of Kuala Kangsar MP Iskandar Dzulkarnain Abdul Khalid And Labuan MP Suhaili Abdul Rahm...
Umno Mustn T Get Too Comfortable Says Zahid After Pn Mps Back Govt

Umno Mustn T Get Too Comfortable Says Zahid After Pn Mps Back Govt

papar berkaitan - pada 11/11/2023 - jumlah : 187 hits
Ahmad Zahid Hamidi said it is important for Umno to win back the four seats PETALING JAYA Umno cannot afford to get too comfortable after four opposition MPs decided to pledge their support for Prime Minister Anwar Ibrahim Umno president Ah...
Rohingya Refugees Reaching Indonesia By Boat Pushed Back To Sea

Rohingya Refugees Reaching Indonesia By Boat Pushed Back To Sea

papar berkaitan - pada 21/11/2023 - jumlah : 106 hits
Five boats carrying 866 Rohingya refugees landed in parts of Indonesia s Aceh province in the past week facing mixed reception from locals the UN refugee agency and local police said as reported by German news agency Three of the boats arri...
Idris Pn Will Back Amendments To Clarify Syariah Jurisdiction

Idris Pn Will Back Amendments To Clarify Syariah Jurisdiction

papar berkaitan - pada 20/11/2023 - jumlah : 229 hits
Perikatan Nasional will back amendments to the Federal Constitution that would bring clarity over the jurisdiction of the syariah courts said PAS vice president Idris Ahmad We hope there will be amendments to the constitution if there is a ...
Oriental Kopi Klcc Port Minum Kopi Terbaru

Pasar Raya Flagship Jaya Grocer Di Sunway Pyramid Tarik Pengunjung Dengan Penampilan Serba Baharu

U Mobile The New Ali Baba Contractor For The Second 5g Network Tender

The Celebrity Legs And Feet In Tights 2024 Pantyhose Queen Poll Full Contender List

Panas Artis Wanita Malaysia Ditahan Polis Thailand Turut Ditemukan 6 000 Biji Pil Kuda

Iphones Dalam Bahaya Amaran Baru Peretasan Sasarkan Peranti Apple

Explore The Hottest Tangkasnet Gaming Trends And Top Picks For 2024

Jangkitan Kulit Utama Oleh Mycobacteria Bukan Tuberkulosis Laporan 6 Kes


echo '';
Info Dan Sinopsis Drama Berepisod Senyawa iQIYI Malaysia

Info Dan Sinopsis Drama Berepisod Project Projek Exit Astro Originals

Pelajari Asal Usul Nama Makhluk Seram Kisah Fiksyen Barat Yang Terkenal

10 Fakta Filem Kahar Kapla High Council Yang Ramai Tak Tahu Prekuel Drama Project Projek High Council

Anugerah Seri Angkasa 2024 Senarai Keputusan Pemenang Calon Top 5 Kategori Hadiah Persembahan Penyampai Trofi Dan Segala Info ASA 36


Immigration Officers Involved In Counter Setting Case Transferred Says Dg

Kerajaan Perkenal Undang Undang Lebih Tegas Tangani Buli Siber Kata Anwar

Malaysiaweeklyrecap 30 September

Malaysiaweeklyrecap October

Learning Has Always Been Distinctive Not Uniform

Ebook Rahsia Taobao