ALOR STAR: A 54-year-old PAS member who was acquitted without his defence being called over a charge of insulting the modesty of a Puteri Umno member by a magistrates' court two years ago, was ordered to enter his defence by a High Court here yesterday.
Judicial Commissioner Datuk Zainal Adzam Abd Ghani made the decision after the court found that the prosecution had made a prima facie case against Razak Abas in its appeal to set aside the lower court's decision.
On Dec 26, 2002, Magistrate Mohd Redzuan Abdullah acquitted Razak from Rantau Panjang of the charge of insulting the modesty of Yusnita Romli, 29.
He was alleged to have exposed himself to her at Pondok Chegar at 6.25pm on July 11, 2002 by lifting his sarong while she was campaigning during the Anak Bukit state by-election.
In the same court, Zainal Adzam dismissed an appeal by Razak's counsel Jagdeep Singh for the court to issue show-cause notices to Puteri Umno chief Datuk Azalina Othman Said and four others the then Prime Minister Tun Dr Mahathir Mohamad, the then Deputy Prime Minister Datuk Seri Abdullah Ahmad Badawi, the then Minister in the Prime Minister's Department Datuk Seri Dr Rais Yatim and Kelantan Umno chief Datuk Mustafa Mohamed on why they should not be cited for contempt of court.
The five leaders had made statements on the case after the appeal against Razak's acquittal was filed on Dec 26, 2002.
Zainal Adzam said he found that the evidence submitted by the defence was not sufficient for the court to consider issuing any notice to them.