High Court reverses conviction, sentence of ex-Penang city councillor found guilty of molesting college student

GEORGE TOWN, Sept 30 — The High Court today set aside the conviction and sentencing of a former Penang city councillor who was found guilty of molesting a college student in 2017.

In his ruling, Judicial Commissioner Mohd Radzi Abdul Hamid said the Magistrate’s Court made a serious error in calling for defence as the prosecution failed to prove a prima facie case against L. Prem Anand.

“There are serious errors in several aspects of the case and based on these findings, the High Court finds that it was not safe for the lower court to convict him,” he said when delivering his decision today.

He then reversed the Magistrate’s Court decision in convicting the 54-year-old of using criminal force to outrage the modesty of a female college student who is unnamed to protect her privacy.

Prem Anand’s sentence to three years in jail and RM7,000 fine were also set aside.

In explaining his judgment, Mohd Radzi said more than one question in the case was not answered during the trial.

He said there was no proof of criminal force, and there were also questions with regards to the place of the incident and contradictions in the two police reports made on the case.

He pointed out that several other aspects of the case that were not looked into, including the lack of a proper conduct of DNA test and the victim’s refusal to conduct a medical examination for the case.

“The High Court finds that the magistrate was misdirected on the issue of criminal force in this case and there were doubts as to whether the case had involved criminal force,” he said.

In November 2019, the Magistrate’s Court convicted Prem Anand of using criminal force to outrage the modesty of a college student, who was then 21 years old, outside an entertainment outlet in Beach Street here at around 11.30pm on July 6, 2017.

Magistrate Jamaliah Abd Manap ruled that the prosecution had presented a prima facie case against the accused.

Prem Anand, who is also a former aide to a Penang assemblyman from DAP, was found guilty under Section 354 of the Penal Code for using criminal force to a person with the intent to outrage the modesty of the person.

Prem Anand’s lawyer E. Gnasegaran told reporters outside the courtroom that today’s High Court decision cleared his client’s name that had been tarnished following the conviction in the Magistrate’s Court.

“I believe my client was innocent from day one and the High Court’s decision proved this today,” he said.

Prem Anand, who was also present in court today, appeared relieved and said he was finally proved innocent.

Prem Anand was also represented by Gnasegaran, Audrey Wee, S. Rethinakumar and JT Jothi.

Deputy Public Prosecutor Yazid Mustaqim Roslan said the prosecution will seek instructions from the Attorney General’s Chambers on whether or not to appeal the High Court’s decision.

“We will seek further instructions based on the grounds of the judgment,” he said.