Woman loses bid to get AG to prosecute brother over alleged assault

Woman loses bid to get AG to prosecute brother over alleged assault

High Court rules there is no compelling prima facie evidence to justify challenging the attorney-general's exercise of prosecutorial powers.

The High Court has denied a woman’s challenge to a DNAA granted to her brother after prosecution witnesses failed to show up to testify.
SHAH ALAM:
The High Court has dismissed a woman’s bid to compel the attorney-general (AG) to proceed with criminal charges against her brother after a lower court discharged him three years ago.

Justice Shahnaz Sulaiman dismissed the woman’s application for judicial review after ruling that there was no compelling prima facie evidence to justify challenging the exercise by the AG of his prosecutorial powers.

Shahnaz said a police report lodged by the woman, known as Christine, following an alleged assault by her younger brother, was not of itself evidence of the truth.

“The police report only reflects the applicant’s version of the story of the alleged event, not the narrative by other witnesses.

“The veracity of the contents of the said police report is required to be established,” she said.

The judge also said an interim protection order issued in Christine’s favour previously had lapsed after her brother was charged in the sessions court.

In the police report, Christine claimed that she was punched and kicked by her brother some time in 2019.

The feud between the siblings allegedly took place after her brother confronted her following an altercation she had with their mother.

Christine was admitted to Hospital Klang after the alleged assault, suffering injuries to her ribs, eyes, legs and head. She was granted an interim protection order shortly thereafter.

Her brother was charged in the sessions court in the same year.

However, on Aug 25, 2020, he was granted a discharge not amounting to an acquittal (DNAA) by the sessions court after prosecution witnesses failed to show up to testify.

Christine later wrote to the AG, pleading that he consider pursuing the prosecution of her brother. However, her request was rejected.

Her application to the High Court, which was denied today, had sought leave to commence a judicial review of the AG’s decision. She also sought an order to quash the lower court’s DNAA ruling.

Stay current - Follow FMT on WhatsApp, Google news and Telegram

Subscribe to our newsletter and get news delivered to your mailbox.