KUALA LUMPUR: The Attorney General's Chambers (AGC) will file a review application against the Court of Appeal's majority decision on Wednesday (Nov 4) acquitting independent preacher Da'i Syed, or Syed Shah Iqmal Syed Mohammad Shaiful, of a rape charge.
"The Attorney General's Chambers takes note of and respects the decision made by the Court of Appeal on Nov 5, 2026 through a majority decision acquitting and discharging Syed Shah Iqmal of the charge under Section 376 of the Penal Code," the AGC said in a statement Thursday (Nov 5).
"After reviewing the grounds of judgment by the Court of Appeal panel, the Public Prosecutor has decided that a review application will be filed under Rule 105 of the Rules of the Court of Appeal 1994," the statement read.
The AGC said the application would be based on legal principles and the criteria and threshold set for the exercise of the Court of Appeal's review jurisdiction, as outlined in the Federal Court's decision in Asean Security Paper Mills Sdn Bhd v Mitsui Sumitomo Insurance (Malaysia) Bhd.
"Accordingly, the prosecution's submissions will focus on the question of whether there are exceptional circumstances that meet the legal threshold, enabling the court to consider the exercise of its review jurisdiction," the statement read.
The AGC said it took note of and respected the Court of Appeal's decision and remained committed to upholding the rule of law and ensuring that justice is served through the legal channels and provisions in force.
On Wednesday, Justices Azman Abdullah and Mohd Radzi Abdul Hamid, in a 2-1 majority decision, acquitted and discharged Syed Shah Iqmal of the charge of raping a woman in 2019, while Justice Meor Hashimi Abdul Hamid upheld the conviction and sentence.
The panel reached the decision after allowing Syed Shah Iqmal's final appeal against the conviction and the 10-year prison sentence and three strokes of the cane imposed by the Shah Alam Sessions Court.
On Dec 10, 2020, Syed Shah Iqmal pleaded not guilty to a charge of raping a then 23-year-old woman at a condominium in Shah Alam around 1.35am on Sept 11, 2019.
He was charged under Section 376(1) of the Penal Code, which provides for a maximum of 20 years' imprisonment and caning upon conviction.
On April 10, 2023, the Shah Alam Sessions Court acquitted and discharged him after finding that the prosecution had failed to establish a prima facie case against him at the close of the prosecution's case.
The Shah Alam High Court, however, ordered him to enter his defence on the charge after allowing the prosecution's appeal.
On Jan 23 this year, the Shah Alam High Court dismissed his appeal and upheld the Sessions Court's decision, prompting the celebrity preacher to take the case to the Court of Appeal, while the prosecution filed a cross-appeal against the sentence. - Bernama
