Siti should complain first

PETALING JAYA: Pop icon Siti Nurhaliza should have been the first to lodge a complaint with a magistrate that she had been defamed by fellow singer Datuk Sharifah Aini, the magistrate's court heard yesterday. 

Lead defence counsel Datuk Muhammad Shafee Abdullah said Siti Nurhaliza should have done so if she was indeed aggrieved, as required under Section 131 of the Criminal Procedure Code (CPC). 

“She must come to the court, be the first person to lodge a complaint before you,” Shafee stressed in his submissions.  

Siti Nurhaliza: Alleged to have been defamed

He said the section stated that it should be Siti Nurhaliza or the public prosecutor who should be the complainant. 

Magistrate Azroul Hisham Azulan had on Tuesday ordered both the defence and prosecution to submit on the issue of there being no complaint lodged by Siti Nurhaliza or the public prosecutor.  

He had said the defamation trial against Sharifah Aini could be nullified if it proceeded without a complaint. 

Sharifah Aini, 52, is accused of sending an e-mail containing derogatory statements about Siti Nurhaliza to Ahmad Shaharil Jamaludin, Sharifah Aini's adopted brother, on Aug 24 last year, knowing that it would tarnish Siti Nurhaliza’s reputation. 

Sharifah Aini could be jailed up to two years or fined, or jailed and fined, if found guilty. 

Shafee also pointed to a discrepancy in the defamation charge, which stated that Harian Metro entertainment reporter Abdullah Mamat was the complainant.  

“They (prosecution) cannot say that the public prosecutor is the complainant for this case but mention Abdullah as the complainant in the charge sheet, and at the same time claim that Siti Nurhaliza is the one affected. It is irregular,” argued Shafee. 

DPP Ishak Yusoff submitted that the meaning of a complaint was clearly defined under Section 2 of the CPC. 

“A complaint means an allegation made orally or in writing to a magistrate, with a view to his (the magistrate) taking action under this code that some person, whether known or unknown, has committed or is guilty of an offence. In this case, a complaint is in the form of a charge that was produced before you,” he argued.  

The magistrate fixed Jan 23 for a decision.