DPP: Magistrate erred in indecent exposure trial


ALOR STAR: The magistrate who acquitted a PAS member for indecent exposure had erred when he said that the version of the alleged incident given by the complainant, a Puteri Umno member, was an afterthought, a Deputy Public Prosecutor submitted in the High Court. 

K. Muniandy said: “It is an erroneous finding against the weight of evidence.” 

He said the magistrate should have considered the evidence in totality although there was an omission in the first information police report lodged by Yusnita Romli, 28, in which she did not mention that the accused showed his private parts. 

The prosecution is appealing against the acquittal of Razak Abas, 53, on Dec 26, last year, of a charge of insulting the modesty of Yusnita by exposing himself to her at a house in Pondok Chegar, Anak Bukit, at 6.25pm on July 11, last year. 

The hearing of the appeal continues on Dec 7.  

Earlier, Karpal Singh, representing Razak, asked the court to issue show cause notices to four persons – the Prime Minister, Deputy Prime Minister, Minister in the Prime Minister's Department Datuk Seri Dr Rais Yatim and Kelantan Umno chief Datuk Mustapa Mohamed – on why they should  

not be cited for contempt of court. 

He said the four had made statements after the appeal against Razak's acquittal was filed on Dec 26 last year, the same day Razak was freed by the magistrate's court without his defence being called. 

He had made a similar application against Puteri Umno chief Datuk Azalina Othman Said over a statement she made about the case. 

Karpal Singh submitted that newspaper reports on the statements made by the five Umno leaders were admissible, saying that it was sufficient for the notices to be issued. 

Muniandy argued that newspaper reports were hearsay and urged the court not to proceed with the application. 

Judicial Commissioner Datuk Zainal Adzam Abd Ghani said he would make a decision on the point later.  

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