PUTRAJAYA: Padang Serai member of parliament (MP) N Gobalakrishnan has been allowed to appeal his conviction and fine of RM5,000 imposed by a Magistrates Court for using criminal force on a policeman in 2009.
A three-member Court of Appeal panel led by Datuk Abdul Malik Ishak unanimously granted Gobalakrishan the leave to appeal the decision with the Court of Appeal. The other two judges on the panel were Court of Appeal judge Datuk Azahar Mohamed and High Court judge Datuk Zawawi Salleh.
On July 27 last year, the Bukit Mertajam Magistrates Court fined Gobalakrishnan RM5,000 in default six months jail after finding him guilty of using criminal force on Sub-Inspector M Karunamurthi to obstruct him (Karunamurthi) from discharging his duties in front
of the National Youth Skills Institute in Bukit Mertajam during the Permatang Pasir by-election on Aug 17, 2009.
On Nov 27 last year, the Penang High Court dismissed Gobalakrishnan’s appeal and upheld the magistrates court decision. Gobalakrishnan, 52, said he has instructed his lawyers to file the notice of appeal and a certificate of urgency for the appeal to be heard as soon as possible.
“If I am eligible to contest, I would defend the Padang Serai Parliamentary seat,” he said.
Gobalakrishnan, who is an independent MP, was formerly with Parti Keadilan Rakyat (PKR) but quit the party in January 2011. Gobalakrishnan was represented by lawyers M Athimulan, Datuk Firoz Hussein Ahmad Jamaluddin, Saiful Ambar Abdullah Ambar and S Vijayaretnam.
Deputy Public Prosecutor Tengku Intan Tengku Ismail handled the prosecution.
Saiful Ambar said the notice of appeal would be filed within 14 days from yesterday.
Meanwhile, Athimulan told reporters that several legal questions would be raised in the appeal and among them, as to whether the High Court should have ordered a further inquiry or a retrial under Section 316 of the Criminal Procedure Code rather then sending the matter back to the magistrates court for Gobalakrishnan to enter his defence.
Gobalakrishnan was initially discharged and acquitted by the magistrates court on June 8 2011, without his defence having been called after the court held that there was no prima facie case.
On Feb 29 last year however, the Penang High Court allowed the prosecution’s appeal and transferred the case back to the magistrates court for Gobalakrishnan to enter his defence. — Bernama