High Court judge Abdul Halim Aman 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.
He said he took notice that lawyers for the accused had also sent representations to the Attorney-General’s Chambers.
“The prosecution also informed the court today that the police are still investigating the case,” he said in allowing the application for the DNAA.
This means the charges under the Penal Code are dropped for the time being but the accused may be charged again with the same or other offences.
Following today’s ruling, eight accused who were held under the Security Offences (Special Measures) Act 2012 (Sosma) were freed.
The other six had been freed on bail last month.
Earlier, deputy public prosecutor Muhammad Iskandar Ahmad submitted that a DNAA is appropriate after lawyers for the accused wrote to the AGC.
“We also reviewed the evidence and instructed police to conduct further investigations,” he said.
Lawyer Rajpal Singh, who also spoke for the other counsel, said the court had the discretion to give the 14 an acquittal.
He said they were detained in March and held under police custody for 28 days for investigation. They were charged later but bail was denied on grounds that it was a security offence.
“The prosecution’s contention that a DNAA be given pending further investigations is unfair and prejudicial to the accused,” he said, adding that their lives will be in a state of uncertainty.
Iskandar rebutted, saying that justice is not only for the accused but also for the state, which he represented.
The accused include auditor Lim Kim Ming; Lim Kang Li, a personal assistant to 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 under Section 130V of the Penal Code with being members of an organised crime group.
The offence carries a sentence of not less than five years and not more than 20 years in jail, if found guilty.
Liow, 33, and his assistant, Niu Zhe, were charged in absentia as they are on the run.
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