SHAH ALAM, Sept 30 — The High Court here today gave a discharge not amounting to an acquittal (DNAA) to 14 individuals including four Chinese nationals as well as two siblings of fugitive businessman, Datuk Seri Nicky Liow Soon Hee from charges of being involved in organised crime group known as Nicky Gang.
Two of the accused are the younger brothers of Nicky namely Datuk Liow Wei Kin and Datuk Liow Wei Loon while the other accused are Lee Han Keat, Lee Kam Onn, Datuk Lee Kum Weng, Eee Eng Chee, Dr Jovian Joris Tan Chern Chian, Datuk Loo Siew Chin, Lim Kang Li, Datuk Seri Andrew Lim Kim Ming as well as four Chinese nationals, Huang Lei, Wang Yu Jun, Gu Xing Qiong as well as Jiang Xue, aged between 20s to 56.
Deputy Public Prosecutor Muhamad Iskandar Ahmad told the media that Judge Datuk Abd Halim Aman made the decision following the application of the prosecution to release all the accused without being acquitted as the prosecution intends to pursue the charges in future.
He said the judge made the decision based on Article 145 of the Federal Constitution in which the power to charge, not to charge and to withdraw all charges is vested with the public prosecutor.
Muhamad Iskandar said initial investigation conducted by the prosecution was incomplete and the counsel had also sent representation on the charges to the Attorney General’s Chambers.
“The Attorney General has studied the representation and agreed to withdraw the case,” he said when met by reporters after the case proceeding.
The media were not allowed in the court during the entire proceeding.
Counsel Datuk Rajpal Singh requested that all his clients be released as they were arrested between March 18 to 21 and were detained for 21 days according to Section 13 of the Security Offences (Special Measures) Act 2012 (SOSMA).
According to the charge, the 13 were accused of being members of the organised crime group, Nicky Gang in the area of SetiaWalk, Persiaran Wawasan, Pusat Bandar Puchong, between January 1, 2017 and March 20, 2021.
They were charged under Section 130V(1) of the Penal Code which provides for a maximum of 20 years in jail if found guilty.
Meanwhile, Kim Ming accused of assisting the same criminal group at SetiaWalk, Persiaran Wawasan, Pusat Bandar Puchong, here between January 1, 2017 and March 29, 2021 under Section 130W of the Penal Code which provides for a maximum of 10 years imprisonment upon conviction. — Bernama