Prosecution rejects Akmal's bid to drop criminal charge

BUKIT MERTAJAM: The prosecution has refused to accept Akmal Saleh's request to abandon the criminal charge he faces for instilling public fear. State prosecution director Muna Mohamed Jaafar announced the decision during today's court proceedings. She stated that she had consulted with Akmal's legal team, who will inform the court about the subsequent steps.

Akmal's attorney, Aizat Azam, revealed that the defense intends to file a second representation directly to the Attorney-General. In response to the rejection, the defense has received instructions from Akmal to submit the additional submission directly to the A-G. Muna affirmed that the prosecution has no objections to the defense presenting another representation.

Roshayati Radellah, the magistrate, set January 4, 2023, for the decision on the second representation. On August 22, 2022, Merlimau assemblyman Akmal, 38, pleaded not guilty to a charge under Section 505(b) of the Penal Code, which carries a maximum penalty of two years' imprisonment, a fine, or both upon conviction. This case stemmed from a Facebook post allegedly causing public fear.

In June 2022, Dr Akmal filed a judicial review to challenge the Attorney-General's decision to prosecute him, raising concerns such as selective prosecution, inconsistent treatment, and whether the prosecution aligned with equality before the law under Article 8 of the Federal Constitution. Akmal's counsel stated that the first representation was submitted approximately ten months ago.

Following its rejection, the defense will submit a second representation directly to the Attorney-General to present the case's facts, perspectives, and legal opinions. The defense, which has been ongoing for over a year, has not yet received a trial date. The defense also filed a separate judicial review questioning the Attorney-General's jurisdiction and authority to prosecute Akmal and bring the charge.

As of now, the case remains in the case management stage. The next case management hearing is scheduled to occur online at the Penang High Court tomorrow. The defense plans to inform the court that they need additional time to await the outcome of the second representation.