Senior lawyer Datuk Dr Gurdial Singh Nijar on Wednesday (No 20) said the discharge and acquittal of the late Tun Daim Zainuddin is an exoneration of any charge made against his client.
He also questioned the prosecution's inappropriate conduct in casting doubt on the medical certificate issued to Daim during the previous hearing.
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He also questioned the prosecution's inappropriate conduct in casting doubt on the medical certificate issued to Daim during the previous hearing.
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NewsTranscript
00:00As we know, Tundaym has passed on and the prosecution has withdrawn the case under a
00:17particular section of the Criminal Procedure Code, so they are entitled to...
00:32We just came out of the court, the Sessions Court, and as we know, Tundaym has passed on
00:43and the prosecution has withdrawn the case under a particular section of the Criminal
00:51Procedure Code, so they are entitled to withdraw that case, they have the discretion, but we
00:58argued that the court should make an order acquitting Tundaym of the charge against him
01:10and that since they are not proceeding with the case, that is the only appropriate order
01:15that can be made, and we urged the court to give that order because we cannot have a charge
01:21hanging over a person which is not resolved, because it will continue to plague, especially
01:28the family, that he was charged and there was no outcome of the charge.
01:35So we asked the court to give a discharge and an acquittal, and the court has agreed,
01:45the court has given an acquittal, and as far as we are concerned, this is an exoneration
01:51of any charge that was made against Tundaym.
01:57And then in the court also, we referred to the fact that at the last mentioned day, the
02:04prosecution had cast doubt on the MC that was given on behalf of Tundaym not to attend
02:12court on that day. In fact, the court had already exempted him from coming because of
02:19the MC, yet the prosecution raised this whole question of whether the MC is valid or not
02:25valid. So we also raised this question to say that this kind of conduct by the prosecution
02:31is inappropriate and it gives rise to concerns that why are they raising this when he is
02:39exempted and questioning his non-attendance. They were suggesting, in other words, that
02:49it was possible that Tundaym did not want to attend and he was doing a sham MC or getting
02:57an MC just to avoid coming to court. But the court had already exempted him from coming,
03:02so today we raise the fact that this kind of allegations made by the prosecution are
03:08inappropriate, should not have been made, and that we hope that the prosecution will
03:15proceed properly with regard to proper ethical conduct when conducting the case like this.
03:23Otherwise, people will begin to think because they make an application which is so frivolous
03:30and then they publicise it in the press.