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Friday October 18, 2013 MYT 1:51:00 PM
Friday October 18, 2013 MYT 4:03:43 PM
by qishin tariq
The accused outside the court room with their counsels.
PETALING JAYA: Four policemen were acquitted by the Magistrate's court here over charges of assaulting a businessman, and planting drugs and a parang in his car.
Magistrate Nik Mohd Fadli said that after hearing the testimony and submissions, the court was satisfied with the facts to acquit and discharge the four officers.
Kons Mohd Azwan Hassan, Norzali Rosle, Ahmad Saifullah Osman and Alizulhafiz Abdul Ghafar had been charged with intentionally causing hurt to Chia Buang Hing at the Kota Damansara police station on Dec 19, 2011.
Norzali was also charged in another Magistrate's court with intending to cause false charges against Chia, 35, for allegedly having drugs and a machete.
Magistrate Nik Mohd found that there was no doubt Chia was the driver of the car, that he was arrested on the day, and that a packet of orange powder and a parang were found in his car.
"A few considerations are whether a fair arrest was made, whether Chia was intentionally injured by the police and whether the evidence was planted," said Nik Mohd in his general grounds on Friday.
He ruled that the arrest was fair as Chia had been driving illegally - his road tax was expired, prompting the police to stop him at the roadblock on Dec 19.
Nik Mohd also found the medical officer could not reconcile the contradictions between the medical report and the police report made by Chia, adding that the court believed Chia's injuries were caused when he resisted arrest.
As to the matter of planted evidence, the court found that both Chia and his wife knew about the presence of the orange powder. Chia had testified that it was prayer material while his wife said it was bug poison.
"Thus, there was no element of planting evidence as they both acknowledged knowing the bag was in the car," said Nik Mohd.
However, the court did not address the issue of the parang in the boot.
The four officers were seen fist-bumping and hugging their lawyers Ahmad Mohamad Yusoff and R. Viyajan when read the judgement.
Mohd Azwan was also hear shouting "I told you we were innocent", inside the court, as he left the dock.
The fifth police officer involved in the case, Lans Kpl Mahadi Adam was acquitted, at end of the prosecution stage in March this year, of a charge of disobeying an order under Section 20 (3) of the Police Act 1967.
Tags / Keywords:
Court and crime, drugs, assault, weapons
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