Magistrate Nurulain Abdul Rahim says the prosecution has failed to 'fulfill all elements' needed to order the policemen to enter their defence.
KUALA LUMPUR: Two policemen charged with allegedly using criminal force during the Bersih 3.0 rally on April 28 against a Guang Ming Daily photographer was acquitted and discharged by the magistrate’s court today.
The court ruled that the complainant and prosecution witnesses had failed to identify positively the policemen involved in the assault.
Magistrate Nurulain Abdul Rahim said after perusing all the testimonies of the complainant Wong Onn King and the four witnesses, she found that the parties had failed to establish a prima facie case against the accused.
She ordered L/Cpl Mohd Khairul Asri Mohd Sobri, 30, attached to the Tanjung Malim police station and Constable Shahrul Niza Abd Jalil, 24, of the Dang Wangi police station to be acquitted and discharged.
In her brief judgment, Nurulain said the prosecution had failed to fulfil all the elements needed to order both the policemen to enter their defence under Section 352 of the Penal Code.
On May 18, both of them were charged with allegedly assaulting Wong, 33, at the Jalan Tun Perak and Jalan Raja junction here between 5.20pm and 5.30pm on April 28.
If they had been found guilty, they would have faced three months of imprisonment or fined up to RM1,000, or both, under Section 352 of the Penal Code.
Counsel Salim Bashir acted for both the policemen, while DPP Kalmizah Salleh appeared for prosecution.
Salim later told reporters that even the prosecution had conceded that there was no case for both accused to answer after the complainant himself and two other photographers had contradicted their testimonies with police reports they had lodged after the incident.
KUALA LUMPUR: Two policemen charged with allegedly using criminal force during the Bersih 3.0 rally on April 28 against a Guang Ming Daily photographer was acquitted and discharged by the magistrate’s court today.The court ruled that the complainant and prosecution witnesses had failed to identify positively the policemen involved in the assault.
Magistrate Nurulain Abdul Rahim said after perusing all the testimonies of the complainant Wong Onn King and the four witnesses, she found that the parties had failed to establish a prima facie case against the accused.
She ordered L/Cpl Mohd Khairul Asri Mohd Sobri, 30, attached to the Tanjung Malim police station and Constable Shahrul Niza Abd Jalil, 24, of the Dang Wangi police station to be acquitted and discharged.
In her brief judgment, Nurulain said the prosecution had failed to fulfil all the elements needed to order both the policemen to enter their defence under Section 352 of the Penal Code.
On May 18, both of them were charged with allegedly assaulting Wong, 33, at the Jalan Tun Perak and Jalan Raja junction here between 5.20pm and 5.30pm on April 28.
If they had been found guilty, they would have faced three months of imprisonment or fined up to RM1,000, or both, under Section 352 of the Penal Code.
Counsel Salim Bashir acted for both the policemen, while DPP Kalmizah Salleh appeared for prosecution.
Salim later told reporters that even the prosecution had conceded that there was no case for both accused to answer after the complainant himself and two other photographers had contradicted their testimonies with police reports they had lodged after the incident.
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