PUTRAJAYA: The Court of Appeal has fixed July 7 to hear an appeal by 14 “Geng Nicky” members who want an acquittal on charges of being members of an organised crime group.
On Sept 30, the Shah Alam High Court only gave them a discharge not amounting to an acquittal (DNAA), meaning they could be charged again with the same or other offences.
An acquittal without a trial stops the prosecution from framing the same charge against them.
Today, lawyers appearing for the 14 and deputy public prosecutor Samihah Rhazali sought an adjournment as they wanted to wait for the outcome of a Federal Court criminal appeal scheduled on June 23.
The apex court will decide whether the court has the discretion to allow an acquittal when the prosecution offers no witness to continue with its case.
On Sept 22, the Court of Appeal upheld a High Court decision to acquit a woman for murdering her Indonesian maid in 2018.
The prosecution filed an appeal to the apex court.
The Court of Appeal ruled that the trial judge was correct to use his discretion to free Ambika MA Shan under Section 254(3) of the Criminal Procedure Code (CPC).
This was because there was nothing in the appeal records to show that the prosecution intended to continue with the trial after calling three witnesses.
In today’s case, Judge Kamaludin Md Said, who sat with judges Hadhariah Syed Ismail and Nordin Hassan, fixed July 7 to hear the appeal after hearing from both parties why the appeal should be adjourned.
Lawyers Rajpal Singh, Jay Moy and Jasmine Chong represented the 14 appellants.
High Court judge Abdul Halim Aman, in granting the 14 a DNAA, said the court was aware of the public prosecutor’s discretion to institute, conduct or discontinue a case as provided for under Article 145 (3) of the Federal Constitution.
The judge said he took into account that the prosecution also informed the court that police were still investigating the case.
Eight accused who were then held under the Security Offences (Special Measures) Act 2012 (Sosma) were released while another six had been freed on bail.
The appellants include auditor Lim Kim Ming; Lim Kang Li, a personal assistant to businessman Nicky Liow; and Liow’s two brothers, Wei Loon and Wei Kin.
Others included Lee Kum Weng, Loo Siew Chin, Jovian Joris Tan Chern Chian, Lee Kam Onn, Lee Han Keat and Eee Eng Chee.
Another four are Chinese nationals – Jiang Xue, Gue Xing Qiong, husband and wife Wang Yu Jin and Huang Lei.
The 14 were among 16 who were charged in the Petaling Jaya sessions court on April 6 last year under Section 130V of the Penal Code with being members of an organised crime group.
The offence carries a sentence of up to 20 years in jail if found guilty.
Liow, 34, and his assistant, Niu Zhe, were charged in absentia as they were on the run.
Liow, alleged to be the head of an organised crime group, surrendered to police on April 11 and was charged in the sessions court the following day with 26 counts of money laundering totalling RM36 million.
He is out on RM1 million bail in two sureties and other conditions.
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