KUALA LUMPUR – M. Sugu, charged in July with hurting his wife, YouTube culinary sensation S. Pavithra, in an altercation at Raja Permaisuri Bainun Hospital, was this month granted a dismissal not amounting to an acquittal by the Ipoh Sessions Court.
Pavithra lodged a police report against him over the July 21 assault, which reportedly left her with injuries to the lips, left cheek and right arm, but later applied to the prosecution not to proceed with the case.
If US crime dramas are anything to go by, the suspect walks free when the report against them is retracted. But does the same apply in Malaysia?
Police reports can’t be withdrawn
According to the Attorney-General’s Chambers website, a police report cannot be withdrawn, but an application can be made to the prosecutor for the case to be discontinued.
“A police report is basically a request to police to investigate a crime,” lawyer Kuhan Raj told The Vibes.
“In the event that they do find a crime (has been committed), a withdrawal would mean you’re telling police that there is no crime.”
Requesting a discontinuation does not automatically mean the case is dropped, however, as the decision is at the prosecutor’s discretion to make.
Contrary to popular belief, the same applies in the US – with some variations by state. In California and New York, for instance, it is up to police and the prosecution to decide whether to proceed with a case after a report is withdrawn.
Prosecutor’s decision
In Malaysia, whether a case is pursued depends on the prosecutor.
Article 145(3) of the federal constitution states: “The attorney-general shall have power, exercisable at his discretion, to institute, conduct or discontinue any proceedings for an offence, other than proceedings before a shariah court, a native court or a court martial.”
The prosecutor’s decision to continue a case or otherwise cannot be interfered with even by the courts.
“The court cannot force or push the prosecution to proceed with a trial on a charge brought in court if the prosecution has decided to drop or withdraw the charge,” said Chief Justice Tengku Maimun Tuan Mat during an oath-taking ceremony on July 10.
Prosecutors may choose to discontinue a case if the person who lodged the report asks that no action be taken, said Kuhan.
“In terms of evidence, if it is a matrimonial case, it may be difficult to prove the case, especially when the witness does not want to cooperate.”
It was reported that Sugu was in a drunken rage when he attacked Pavithra, allegedly because she did not credit him after she was named an Ipoh City Icon for the success of the “Sugu Pavithra” cooking channel, in which the couple appear together.
Days later, the husband-and-wife pair said they would not accept the award due to a “misunderstanding” between them.
Pavithra has since forgiven Sugu and called on fans to continue supporting their channel. – The Vibes, September 27, 2020
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