Discharge not amounting to acquittal for ex-Perak MB

IPOH: Former Perak Mentri Besar Datuk Seri Mohammad Nizar Jamaluddin was given a discharge not amounting to acquittal today on a charge of defaming Datuk Seri Najib Abdul Razak almost three years ago.
Sessions Court Judge Rihaida Rafie made the decision after allowing the preliminary objection by the defence led by Datuk Mohd Yusof Zainal Abiden who raised the issue of who should really be making the complaint in the case.
Rihaida said the court accepted the submission by deputy public prosecutor (DPP) Mohd Masri Daud that under Section 131 of the Criminal Procedure Code, the victim's complaint could be made by the public prosecutor (PP) or DPP.
But in this case, the complaint was defective and unacceptable because of the confusion on who actually made the complaint; whether it was DPP Datuk Hanafiah Zakaria or DPP Mohd Masri Daud, she stressed.
The judge also said based on the summons issued by the court to Mohammad Nizar, the complaint form in the case was signed by police officer ASP Zulkarnain Samsudin.
Yesterday, Mohd Yusof in his submission said, since the Prime Minister did not make the complaint, the person who should have done it was the PP or Attorney General.
He said if the court rejected his submission and decided that the DPP could file the complaint, then it must consider the fact that the complaint form was signed by ASP Zulkarnain, the investigating officer in the case.
Meanwhile, Mohd Masri submitted that although the complaint form was signed by ASP Zulkarnain, the Attorney General's Chambers had provided an attachment signed by him (Mohd Masri).
However, Mohd Yusof countered that Hanafiah's name was also in the attachment, so the issue here was who was the actual complainant in this case.
Mohammad Nizar, 58, was accused of defaming the prime minister in a public speech at Taman Desa Pakatan here, between 9pm and 12 midnight on April 23, 2012.
He was represented by 13 lawyers led by Mohd Yusof, while the prosecution, by Mohd Masri, who is also Perak Prosecution Unit chief, and DPP Fadhli Ab Wahab. – Bernama