PUTRAJAYA: The Court of Appeal today upheld the acquittal of a heart surgeon at a government hospital who was charged with voluntarily causing hurt on his wife four years ago.
Justice Datuk Wira Mohtarudin Baki, who chaired a three-man bench, said the panel found that there was no merit in the appeal by the prosecution against the acquittal of Prof Dr Raja Amin Raja Mokhtar, now 57.
“The decision of the magistrate’s court is upheld. The appeal is dismissed,” said Justice Mohtarudin, who presided over the appeal with Justices Datuk Rhodzariah Bujang and Datuk Mohamad Zabidin Mohd Diah.
On the findings of credibility of the witnesses made by the magistrate’s court, Justice Mohtarudin said the credibility of the witnesses was the duty of the magistrate’s court to decide.
“The finding of facts on the credibility of witnesses should not be disturbed until and unless there was weak evidence, which we find in the negative. Therefore, we have no reason to interfere (the magistrate’s court ruling),” he said.
The panel made the ruling after hearing submissions by lawyer Abdul Razak Ismail, representing Dr Raja Amin, and deputy public prosecutors Muhammad Azmi Mashud and Ahmad Sazilee Ahmad Khairi, for the prosecution.
This is the final appeal by the prosecution as the case originated from the magistrate’s court.
The prosecution had appealed against the High Court’s decision in upholding the magistrate’s court’s ruling in acquitting and discharging Dr Raja Amin on a charge of voluntarily causing hurt on his then wife, Karina Idris Ahmad Shah, now 50, without calling him to enter his defence. The couple is now divorced.
He was accused of committing the offence at an address in Persiaran Ara Bangsar in Kuala Lumpur at 1.30am on March 9, 2015.
The charge, under Section 323 of the Penal Code, provides an imprisonment for up a year or fine of up to RM2,000 or both, if found guilty.
On June 9, 2015, Dr Raja Amin, the father of five, pleaded not guilty to the charge at the magistrate’s court in Kuala Lumpur.
Dr Raja Amin, who was accompanied by two of his family members, was seen talking to his lawyer after the court pronounced the decision. — Bernama