Judicial Commissioner Mohamad Abazafree Mohd Abbas described the actions of the DPP, whose identity was not disclosed, in delaying the trial as “a disappointment to the court.”
“The DPP should realise the responsibility entrusted (in him),” the judge said in freeing Mohd Zunaidi Che Musa 36, two weeks ago after refusing the DPP’s application to adjourn the trial.
He said the conduct of the DPP in this case amounted to failure to carry out prosecution fairly in ensuring witnesses were present. The witnesses had not even been issued subpoenas.
More disappointingly, the judge said that on Sept 29, the investigating officer of the case was present but the DPP was not prepared to call her to take the stand.
“This reflects how the DPP failed to uphold the trust in carrying out his duty,” he said in his written judgment delivered yesterday.
Abazafree said the Federal Constitution and written laws had placed full trust on DPPs, the representative of the public prosecutor, to always display trustworthiness and professionalism.
He added that allowing for postponement is at the discretion of the court but it must be done judiciously.
“This court makes an order to give a discharge not amounting to an acquittal by relying on Section 254(1) of the Criminal Procedure Code.”
He said the accused was facing a charge classified as a security offence. Zunaidi has been a remand prisoner for the last three years since bail is not allowed.
Zunaidi is alleged to have committed the offence at Kampung Belukar in Machang on May 13, 2018. The case was mentioned three times in 2019 and the court finally fixed a trial on June 1 and 2 last year.
However, due to the Covid-19 pandemic and the enhanced movement control order (EMCO), the trial was postponed. It was fixed before Abazafree from Sept 27 to 29 this year.
However, on Sept 27, the DPP asked the trial to be adjourned the following day as witnesses were not present.
According to the judge, the court then found that the witnesses were not around because no subpoena had been issued.
He said DPP Norazlinawati Mohd Arshad mentioned the case on behalf of the original DPP, who had either gone on medical leave or emergency leave.
However, the court was not given a valid medical certificate.
The case was called on Sept 29 but the DPP was not ready and instead produced a medical certificate from a private clinic.
Abazafree said the court decided not to accept the document as it was not issued by a government doctor.