PUTRAJAYA: The Court of Appeal maintained the acquittal of a businessman who had allegedly pepper-sprayed former prime minister Tun Dr Mahathir Mohamad in 2006.
The panel dismissed the appeal to overturn Datuk Nik Sapeia Nik Yusoff's (pic) acquittal, after allowing his lawyer Tan Sri Shafee Abdullah's preliminary objection that an appeal could not introduce new facts.
Justice Moktarudin Baki found that under Section 50(2) of the Courts of Judicature Act 1964 an appeal must be done on point of law alone, and not introduce new facts.
The three person panel which also included Justices Tengku Maimun Tuan Mat and Zakaria Sam ruled that they were bound by the prior Court of Appeal decisions cited in Shafee's preliminary objection.
Speaking to reporters after the hearing, Nik Sapeia said he was grateful for the court's decision and believed his luck was improving after having the case hang over his head for the last eight years.
Nik Sapeia had been on trial over an accusation of intentionally causing harm to Dr Mahathir by pepper spraying him at the Sultan Ismail Petra Airport in Pengkalan Chepa, about 11am on July 28, 2006.
On Jan 14, 2010, Kota Bharu magistrate Azman Mustapha convicted Nik Sapeia and sentenced him to six months' jail.
However, on Jan 29, 2012, the High Court there reversed the conviction ruling that Nik Sapeia was successful in proving reasonable doubt against the prosecution's case.
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