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The Shah Alam High Court has given a discharge not amounting to an acquittal (DNAA) to 14 individuals linked to fugitive businessman Datuk Seri Nicky Liow Soon Hee
Deputy public prosecutor (DPP) Muhamad Iskandar Ahmad told the media that Justice Abd Halim Aman made the decision after an application was filed to release all the accused without being acquitted as the prosecution intends to pursue the charges in the future, according to Bernama.
He said the judge made the decision based on Article 145 of the Federal Constitution, in which the power to charge, not to charge, and to withdraw all charges is vested with the public prosecutor.
The media were not allowed to be in the courtroom during the proceeding yesterday, 30 September.
Image via Bernama via Malay Mail
Elaborating on the reason behind filing the application to release the accused without being acquitted, the DPP said the initial investigation conducted by the prosecution was incomplete
Muhamad Iskandar added that the counsel had also sent representation on the charges to the Attorney General’s Chambers (AGC).
“The Attorney General has studied the representation and agreed to withdraw the case,” he told reporters outside the courtroom.
During the proceeding, defence lawyer Datuk Rajpal Singh requested that all his clients be released as they were arrested between 18 March and 21 March and were detained for 21 days according to Section 13 of the Security Offences (Special Measures) Act 2012 (SOSMA), reported The Star.
They were later charged for being members of the organised crime group — known as ‘Nicky Gang’ — in the area of SetiaWalk, Persiaran Wawasan, Pusat Bandar Puchong, between 1 January 2017 and 20 March this year.
In April, Johor police chief CP Datuk Ayob Khan Mydin Pitchay said that it was the first time in Malaysia’s history that individuals involved in alleged commercial offences were arrested under SOSMA.
The act is infamous for its capacity to allow detention without trial.
Image via Bernama via Free Malaysia Today
Among the 14 individuals who were given DNAA yesterday were two of Liow’s younger brothers — Datuk Liow Wei Kin and Datuk Liow Wei Loon.
Bernama reported that the others accused in the case are Lee Han Keat, Lee Kam Onn, Datuk Lee Kum Weng, Eee Eng Chee, Dr Jovian Joris Tan Chern Chian, Datuk Loo Siew Chin, Lim Kang Li, and Datuk Seri Andrew Lim Kim Ming — the last one being an auditor.
Four Chinese nationals are also involved in the case, namely Huang Lei, Wang Yu Jun, Gu Xing Qiong, as well as Jiang Xue.
According to media reports in April, Liow and his personal assistant Niu Zhe were believed to have absconded from the country. The duo is still at large today.