PUTRAJAYA: A second-hand car dealer on Monday (Nov 17) escaped jail sentence after the Court of Appeal substituted his two-year imprisonment with a caution for breaching a restriction order linked to alleged gang activities.
A Court of Appeal three-member bench chaired by Justice Datuk Azmi Ariffin dismissed Michael Liew’s appeal against conviction, but exercised its discretion under Section 384 of the Criminal Procedure Code to issue a caution and discharge.
Also on the bench were Justices Datuk Hayatul Akmal Abdul Aziz and Datuk Meor Hashimi Abdul Hamid.
Liew, 45, had been found drunk and unconscious at a coffee shop in Kuala Terengganu at about 10.30pm on Sept 13, 2022, despite a court order requiring him to stay home from 8pm to 6am.
Justice Azmi, in delivering the court's decision, said the court took into account that Liew had undergone a two-year restriction order and has no other offences except for the offence before the appellate court.
The Court of Appeal judge (Justice Azmi) said Liew had served his restriction order in full and had led his own life without any other offences.
The restriction order-signed by the Prevention of Crime Act (POCA) board chairman under the POCA Act 1959-required Liew to remain indoors in the Kuala Terengganu district from Oct 6, 2021, to June 16, 2023, unless granted permission by the district police chief.
Section 15 (4) of POCA provides for a minimum two-year and maximum 10-year jail sentence if found guilty for breaching the order.
On Aug 6, 2023, the Magistrates’s Court convicted Liew for breaching the restriction order by being out of his house in Taman Sri Kolam in Kuala Terengganu, Terengganu at 10.30pm on Sept 13, 2022.
The High Court, on March 31, last year, upheld the decision of the Magistrate’s Court.
Liew, who had been released on RM16,000 bail with one surety pending the appeal will have the amount returned.
Lawyers Datuk N. Sivananthan and Nabila Habib represented Liew, while deputy public prosecutors Mohamad Arif Aizuddin Masrom and Mohd Zain Ibrahim appeared for the prosecution. - Bernama
