A three-member bench chaired by justice Mohtarudin Baki said there was no merit in the prosecution’s appeal as the magistrate had not erred in facts or law.
“We have no reason to interfere in the findings of the magistrate who decides on the credibility of witnesses.
“In this case, the evidence (by the prosecution) was weak,” he said.
The other two judges on the bench were Rhodzariah Bujang and Mohamad Zabidin Mohd Diah.
The surgeon, Dr Raja Amin Raja Mokhtar, claimed trial on June 9, 2015 to the charge under Section 323 of the Penal Code for voluntarily causing hurt to Karina Ahmad Shah, now 50, a former deputy public prosecutor.
The father of five was accused of committing the offence at a house in Brickfields on March 9, 2015.
The trial court had acquitted Raja Amin, now 57, without defence being called, with the High Court affirming the finding.
If found guilty, he could have faced a year in prison, a maximum fine of RM2,000 or both.
Lawyer Abdul Razak Ismail said today that the medical report had not conclusively pointed to who had caused the injuries to the victim. He added that the prosecution had not called a material witness who allegedly saw the incident.
“An adverse inference must be drawn and the benefit of doubt given to the accused,” he said.
Deputy public prosecutor Mohd Azmi Masaud meanwhile submitted that the magistrate had failed to appreciate the evidence, resulting in the acquittal of the accused without defence being called.