PUTRAJAYA: The Court of Appeal here today upheld the acquittal of an obstetric and gynaecology specialist who was charged with causing the death of former Deputy Prime Minister Datuk Seri Dr Ahmad Zahid Hamidi’s son-in-law, Datuk Syed Alman Zain Syed Alwi, during a dental treatment in 2016.
A three-member bench, comprising Justices Datuk Dr Hamid Sultan Abu Backer, Datuk Hanipah Farikullah and Datuk Hadhariah Syed Ismail, dismissed the prosecution’s appeal against Dr Ting Teck Chin’s acquittal.
According to Justice Hamid, it was abusive to charge a professional doctor under Section 304 (b) of the Penal Code and that the sessions court judge was intelligent enough to stop the abuse, said lawyer Datuk K. Kumaraendran, representing Dr Ting, when met after the court proceeding today.
He said the Court of Appeal dismissed the prosecution’s appeal after hearing submissions by deputy public prosecutor Allan Suman Pillai.
He said the defence was not required to respond to the prosecution’s submission.
On Aug 10, 2018, the sessions court discharged and acquitted Dr Ting, 40, without ordering him to enter his defence after finding the prosecution having failed to establish a prima facie case at the end of the prosecution’s case.
The prosecution filed an appeal to the Court of Appeal after losing its appeal at the High Court on April 4, last year.
Dr Ting was charged with causing the death of Syed Alman Zain, 44, during a dental treatment at the Imperial Dental Specialist Centre at Jalan Telawi, Bangsar Baru, between 6pm and 9.05pm on June 1, 2016.
He was charged under Section 304(b) of the Penal Code, which provides for an imprisonment of up to 10 years or a fine or both, on conviction.
Syed Alman, who was married to Zahid’s eldest daughter, Nurulhidayah, was reported to have lost consciousness while receiving dental treatment at the centre and was referred to University of Malaya Medical Centre before being pronounced dead.
Dr Ting was also represented by lawyers Dev Kumaraendran and Teh See Khoon. - Bernama