Crime & Courts

Former UM student rep wants charge of defying police order dropped

PETALING JAYA: Universiti Malaya Association of New Youth former president Wong Yan Ke wants the charge against him for defying police order to be dropped, describing it as groundless.

Wong's defence counsel, Chong Kar Yan, told the magistrate's court here that there were substantive flaws in the charge.

"The charge does not state any offence under the law and it is irrepairable by Section 156 and 422 of the Criminal Procedure Code.

"It was not a technical flaw like time, place of offence or a person's name.

"The respondent (prosecution) failed to present any submissions to debunk or reply to the applicant's (Wong) submission," she submitted before magistrate Shahril Anuar Ahmad Mustapha.

Chong said that the prosecution's submissions in the last proceedings that they had fulfilled Sections 152,153,154 and 155 of the code were misconceived and was not of help to them.

She said this as the grounds of the application to drop the charges was not based on the said sections.

"We stress that the main reason for this charge against Wong is groundless according to Section 173(g) of the code and the court has the power to acquit him," she added.

The prosecution was represented by deputy public prosecutor Asmaa' Zamri.

She did not submit any oral submissions and will rely on the written submissions that had been filed to the court previously.

The court set May 31 to deliver its decision.

On Nov 13,2020, Wong was charged with resisting orders when requested by a policeman.

The charge sheet read that he had allegedly committed the offence of disobedience to an order duly promulgated by policeman Assistant Superintendent Lee Robert about 3.30pm at a house in Jalan 17/48 here on Nov 7,2020.

The offence falls under Section 188 of the Penal Code which carries a maximum one month imprisonment or a RM400 fine upon conviction.

On Nov 7, Wong was arrested by the police after he filmed a video of a police officer attempting to enter the residence of Umany former president Yap Wen Qing, allegedly without a warrant.

It was reported that Yap and Umany vice-president Tan Li Yuan, were questioned by the police.

Yap also had his laptop and mobile phone confiscated under Section 8 of the Sedition Act which does not require a warrant.

On Oct 4 last year, Wong was given a discharge not amounting to acquittal by the magistrate's court.

However, on Nov 14, the Shah Alam High Court set aside the decision and remitted the case to go to trial in the magistrate's court.

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