By Faisal Asyraf | Free Malaysia Today
Wan Saiful Wan Jan’s lawyer has described the charges levelled against the Tasek Gelugor MP as vague since no dates were given.
Wan Saiful’s lawyer Amer Hamzah Arshad also told the Sessions Court the charges were defective as the prosecution did not pinpoint the exact date the offences allegedly occurred.
He then asked the court to grant the former Bersatu information chief a discharge not amounting to an acquittal (DNAA).
“The fact that the prosecution is unable to pinpoint a particular date shows that the investigation is not complete.
“We are not asking for a discharge and acquittal at this stage, but until everything is in order under section 173(g) of the Criminal Procedure Code, what we want is a DNAA,” he told judge Rozina Ayob.
Amer also said the defence had written to the prosecution to get more details about the charges, but the latter merely replied it was not obliged to do so.
Responding to this, Deputy Public Prosecutor Rasyidah Murni Azmi told the court that it was too early to say whether Wan Saiful’s action was a single or continuous act as it would need to be corroborated by certain testimonies.
Rasyidah also defended the charges, saying the details provided were enough for the defence to prepare its case.
However, Amer contended that it would be difficult to prepare Wan Saiful’s defence and alibi if the charges were not specific, adding that the court had the authority to ensure the charges fulfilled the requirements set by the Criminal Procedure Code.
The court was hearing Wan Saiful’s application to strike out the charges against him.
On Feb 21, Wan Saiful was charged with accepting a RM6.9 million bribe in relation to the Jana Wibawa initiative under the Perikatan Nasional-led government.
The offence was said to have taken place at the Royal Lake Club, Taman Tasik Perdana, in April last year.
Wan Saiful was also charged with soliciting an unspecified amount for a road project worth RM232 million linked to the programme.
Rozina fixed July 21 to deliver her decision on the application to strike out the charges.
