SHAH ALAM: The High Court overturned a lower court’s duplicate charge against a female police inspector for insulting the modesty of another officer.
Shah Alam High Court judge Datuk Norsharidah Awang overturned the Selayang Magistrate Court’s ruling on Insp Sheila Sharon Steven Kumar (pic) on the grounds that the charge had not been read to her and a plea not recorded before the magistrate, as required by law.
On June 26, the Selayang Magistrate’s Court granted Insp Sheila a discharge not amounting to an acquittal (DNAA) after the prosecution applied to withdraw the duplicate charge, citing an ‘error in registration’ in a charge against her under Section 509 of the Penal Code for allegedly outraging the modesty of L/Kpl Abdul Arif Farhan Abdul Razak.
When contacted, Insp Sheila’s counsel M. Manoharan said following the error, the deputy public prosecutor (DPP) then asked for a DNAA ruling.
After the court made the ruling, he said the defence then filed an appeal with the High Court, arguing that it should be made into a full acquittal.
In the decision yesterday, Manoharan in his submission argued that the DNAA ruling was wrong as the charge would “hang over the head of his client forever.”
“When the judge asked the DPP if my client would be charged again for the same charge, she said ‘no.’
“Since that is the case, my client should be granted a DAA (discharge amounting to an acquittal) instead,” he said.
He added that the DPP had also admitted earlier at the lower court that the charge was not read to his client in the first place and that no plea was recorded.
“So our appeal was allowed. The DNAA order by the magistrate on June 26 has been set aside.
“My client and I are happy about the outcome,” he said.
When contacted, Insp Sheila said briefly that she was present in court for the decision.
She still faces three criminal charges before the lower court for shouting at her colleagues and arguing with a female civilian.
The trial has been set for three days beginning Feb 5 next year.
Manoharan described the charges as “frivolous and groundless,” adding that he hoped the prosecution would withdraw the charges.
Insp Sheila, 35, an investigating officer at the Criminal Commercial Investigation Department at Bukit Aman, came into the limelight in early June when a viral video emerged showing her arguing with other police personnel and members of the public.
She was detained on June 18 by Gombak police. She was subsequently released on police bail and suspended from her duties.
