Cop acquitted over 'glitch registered' charge

The Shah Alam High Court allowed a police inspector’s appeal for a discharge amounting to an acquittal (DAA) in a case over a “glitch registered” charge of allegedly insulting the modesty of a fellow police officer.

Judicial commissioner Norsharidah Awang today permitted Sheila Sharon Steven Kumar’s appeal against a Magistrate’s Court’s decision on June 26 to grant a discharge not amounting to an acquittal (DNAA) over a duplicate modesty-outrage charge involving lance corporal Abdul Arif Farhan Abdul Razak.

On June 26 before the lower court, the prosecution applied to withdraw the duplicate charge, as she already faced a properly-registered existing charge of alleged outrage of modesty against Arif.

Following today's verdict, Sheila faces three properly registered ongoing cases before the lower criminal court, one involving allegedly insulting the modesty of Arif, the second charge being purported outrage of modesty of P Taneswaran, and the other over alleged criminal intimidation of one M Silverkoomarie.

When contacted, Sheila’s counsel M Manoharan confirmed the High Court ruling, adding that the defence team submitted during proceedings earlier today that the accused ought to be granted DAA instead because a DNAA would leave her with lingering uncertainty about whether she would be recharged for the same offence (duplicate charge) over the course of her life.

Manoharan said he submitted before the High Court that the lower court made the DNAA ruling due to a technical glitch in registering Sheila’s case (which resulted in the duplicate charge) and the prosecution themselves previously admitted that the woman inspector would not be recharged with the duplicate charge.

The lawyer said it was the prosecution themselves who applied to withdraw the case (duplicate charge) against Sheila back at the Magistrate's Court in June due to the technical glitch.

Manoharan said the defence team had submitted before the High Court that the lower court had not exercised its powers judicially when issuing the DNAA, and that it would be a miscarriage of justice if the possibility of Sheila being recharged hung over her head for life.

"The DNAA is the sword of Damocles that would hang over her head for a lifetime (if a full acquittal is not granted)," the lawyer said.

“Our appeal was allowed and it now amounts to a full acquittal," Manoharan said, adding that his client was “very happy” with today's verdict.

Deputy public prosecutor Lokman Kasim prosecuted today.

On June 26, Bernama reported that Sheila, who went viral on social media, was charged in a separate Magistrate's Court in Selayang with insulting the modesty of two men, including the lance corporal, and criminally intimidating an elderly woman.

The 35-year-old pleaded not guilty to all three charges.

In the lower court before magistrate Nur Hafizah Rajuni, the woman police officer was charged with insulting the modesty of Arif at No 8, Jalan SG 1/1, Taman Sri Gombak, Kuala Lumpur, at 1.25pm last June 15.

Framed under Section 509 of the Penal Code, the charge provides a term for up to five years or a fine or both, if found guilty.

Meanwhile, in another lower court before Magistrate Chai Guan Hock, Sheila was charged under Section 506 of the Penal Code with criminally intimidating Silverkoomarie, 69, at about noon at the same place and time.

The police inspector faced imprisonment for up to two years or a fine or both, if convicted.

Sheila was also charged with insulting the modesty of Taneswaran, 31, at about 1pm at the same place and date.

Sheila was allowed bail of RM5,000 with one surety on all charges.

The lower court trial over the remaining three charges against the woman inspector is set for Feb 5 to 7 next year.

Inspector Sheila claims not yet served with a suspension

Woman inspector charged with insulting modesty of two men

'Insulting modesty': AG urged to appeal lawyer's acquittal