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Tue, 09 Feb 2010
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 NEWS WITHOUT BORDERS :: Local News |
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Mirza's case: Court sets Dec 17 to hear alleged delay in filing appeal
KUALA LUMPUR (Nov 26, 2009): The High Court has set Dec 17 to hear an application by the prosecution over an allegedly delayed filing of the petition of appeal in the case of Tourism Malaysia director-general Datuk Mirza Mohammad Yaiyab Beg who was acquitted by the Sessions Court in July on a corruption charge.
Judicial Commissioner Zainal Azman Ab Aziz set the date after listening to arguments from Deputy Public Prosecutor Fariza Hamzah of the Malaysian Anti-Corruption Commission (MACC) and Mirza's counsel Saseedharan Menon.
Fariza said the prosecution had filed the notice of appeal on July 29, had received the notes of evidence and grounds of judgement on Aug 21, and filed the petition of appeal on Sept 4.
Saseedharan argued that the procedure did not adhere to Section 310 of the Criminal Procedure Code (CPC) as the petition of appeal was not filed within 14 days from Aug 19 when the notes of evidence and grounds of judgement were received by the MACC.
Fariza said the notes of evidence and grounds of judgement were delivered to the guard counter on Aug 19 and were received by the legal division two days later, on Aug 21.
Fariza said Mirza would not be prejudiced because he had the right to reply to all questions to be posed to him.
Saseedharan said the CPC section empowered the judge to determine whether to accept or reject the appeal that was filed late.
"The appellant in the case, the MACC, should furnish reasonable grounds that the failure to file the petition of appeal within the prescribed time was due to factors beyond its control. They should also have merit in the appeal to obtain justice," he said.
Mirza, 51, was acquitted by the Sessions Court on July 24 of accepting a dental treatment for RM13,860 from a company director without consideration.
He had been charged with committing the offence at the dental clinic of Clinical Practice Prosthodontics Sdn Bhd in Taman Tun Dr Ismail between Jan 17 and July 26, 2005. -- Bernama
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Updated: 06:19PM Thu, 26 Nov 2009
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