P Thiagarajan, better known as “Oms” Thiagarajan in corporate and political circles, began his jail term on Oct 28 after Justice Ab Karim AB Rahman refused him a stay of sentence.

Karim, who retired from the bench last Friday, also dismissed the prosecution’s appeal to enhance the sentence imposed by a magistrate last year.

Thiagarajan, 68, and another person still at large were charged with committing the offence at a car park in Section 25, Shah Alam, at about 12.30pm on June 6, 2017.

He is said to have acted in a manner which prevented Shah Alam City Council enforcement officer Rohana Bahari from carrying out her duties.

The offence, which is punishable under Section 353 of the Penal Code, carries a jail term of up to two years or with a fine or both.

Thiagarajan’s defence was that he was not at the car park.

The magistrate had found him guilty on March 25 last year and sentenced him to six months’ imprisonment and a RM8,000 fine. He paid the fine.

The magistrate had also granted his application for a stay of the jail sentence pending an appeal to the High Court, which was unsuccessful.

A court search revealed that Thiagarajan has engaged a new set of lawyers who have filed an application for leave to appeal to the Court of Appeal. The application is scheduled to be heard on Monday.

Under Section 50 (2) of the Courts of Judicature Act, an accused must get leave to pursue the matter in the appellate court if the case originates from a subordinate court.

One of the questions posed is whether a conviction premised on a case of mistaken identity is sustainable in law.

FMT understands that Thiagarajan will also apply for a stay of execution in the appellate court pending the disposal of his appeal.

According to information sourced from social media, Thiagarajan is a philanthropist and has made several donations to build and renovate Tamil schools.