A magistrate's court in Petaling Jaya today acquitted four police personnel accused of assaulting businessman Chia Buang Hing on the grounds that Chia's injuries occurred during his arrest.
In delivering his judgment, magistrate Nik Mohamed Fadli Nik Azlan said he made the decision based on three issues, namely whether Chia's arrest was legal, whether he was assaulted, or if evidence had been planted.
He said the police made a lawful arrest as Chia had driven a car without road tax and insurance, and he had resisted arrest.
If Chia hadn't committed an illegal act, why was there a need for him to struggle during the arrest, he questioned.
"The arrest was legal," Nik Mohamed said.
The magistrate also acquitted L/Cpl Norzali Rosle on two counts of making false reports on parang and drugs found in Chia's possession.
The four acquited are Norzali, Mohd Azwan Hassan, Ahmad Saifullah Osman and Alizulhafiz Abdul Ghafar.
He also said the complainant's testimony in court, police reports and injury reports didn't corroborate each other, and concludes that Chia is not a reliable witness.
The magistrate also found there was no evidence to support the allegation of planting evidence, saying such things didn't exist.
He explained the orange substance found in Chia's vehicle, which was claimed to be "material for prayers" by Chia himself and "pesticide" by Chia's wife, had turned out to be drugs, so it wasn't something planted on Chia.
Accused not camera-shy
Ahmad Saifullah Osman is a constable while the trio hold the position of lance corporal.
The four were acquitted on a total of eight charges, of which six involve assault under Section 323 of the Penal Code while two counts of making false reports fall under Section 211 of the Penal Code.
The four were jointly charged with causing hurt to Chia at the Kota Damansara police station between 12.30am to 3am on Dec 19, 2010.
Mohd Azwan and Norzali were also charged with causing hurt to Chia between 11.30pm on Dec 18 and 1230am the next day at Persiaran Tropicana, Kota Damansara.
Norzali also faced another two counts of attempting to plant evidence on Chia by putting a machete and 0.01g of heroin on the victim at 2.01am on Dec 19, 2010.
DPP Amirah Mohamed Yusof and Izazi Muhamedin represented the prosecution while lawyer R Vijayan represented Norzali. The other accused were represented by Ahmad Zaharil Muhayar.
DAP Segambut parliamentarian Lim Lip Eng, who held a watching brief, said the prosecutor will seek advice from the Attorney-General's Chamber to decide whether they will appeal.
The four accused, who are usually camera-shy, have allowed media to take group photos of them outside the courtroom. However, they didn't speak to the media.
Chia, 37, the owner of an art gallery in Kuala Lumpur, expressed his disappointment over the judgment and appealed for the prosecutor to appeal his case, to ease his fear of continuing living in Malaysia.
"I have waited for three years, I hope every day that the country will grant me justice," he said.
"I hope the prosecutor will appeal the case, if not I will not feel safe living in Malaysia," he said.
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