PUTRAJAYA: Former Padang Serai member of parliament N. Gobalakrishnan succeeded in his appeal at the Court of Appeal here yesterday to set aside a magistrate’s court decision which fined him RM5,000, after finding him guilty of allegedly using criminal force on a policeman in 2009.
A three-member panel chaired by Court of Appeal president Tan Sri Md Raus Sharif unanimously allowed Gobalakrishnan’s appeal after agreeing with submissions made by his counsel, S. Vijayaretnam.
Md Raus ordered that the RM5,000 fine paid by Gobalakrishnan, 52, be returned to him.
Court of Appeal judges Datuk Abdul Aziz Abdul Rahim and Datuk Umi Kalthum Abdul Majid were the other two judges presiding on the panel.
On July 27, 2012, the Bukit Mertajam Magistrate’s 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.
He was alleged to have committed the offence in front of the National Youth Skills Institute in Bukit Mertajam during the Permatang Pasir by-election on Aug 17, 2009.
On Nov 27, 2012, the Penang High Court dismissed Gobalakrishnan’s appeal and upheld the magistrate’s court decision.
Earlier, Vijayaretnam submitted that the magistrate’s court could not convict his client based on the alleged victim’s statement under Section 112 of the Criminal Procedure Code.
He said the prosecution should have put Karunamurthi on the witness stand to give evidence in court upon returning to Malaysia from Timor Leste.
Vijayaretnam said the prosecution did not call Karunamurthi to testify. Instead, he (the policeman) had tendered the Section 112 statement as evidence in court because he was on duty in Timor Leste at that time.
However, Vijayaretnam said when Karunamurthi returned to Malaysia, the prosecution did not call him to testify, either, adding that his client did not have the opportunity to cross-examine the victim.
Deputy Public Prosecutor Muhammad Iskandar Ahmad appeared for the prosecution. — Bernama