PETALING JAYA: The High Court today dismissed the prosecution’s appeal over the acquittal of the sister of activist Jufazli Shi Ahmad for allegedly obstructing a police officer from arresting her brother at their apartment last year.
Judicial Commissioner Meor Hashimi Abdul Hamid, who is based in Shah Alam, said magistrate Shahrul Zazly Md Zain did not err in law and facts in setting free Nurazimah without calling for her defence.
On Oct 11, the magistrate said the arrest and detention was unlawful because the police had no lawful authority when they carried out their duties.
“The police had no warrant for carrying out the search at the accused’s house and to arrest Jufazli,” he had said.
The magistrate said Nurazimah’s request for the police to produce their warrants was also valid and reasonable.
Shahrul said police should have been armed with warrants when they were investigating Jufazli under Section 504 of the Penal Code and under Section 233 of the Communications and Multimedia Act 1998.
Section 504 of the Penal Code deals with action against anyone who intentionally insults to cause provocation and disrupt public peace, while Section 233 is for improper use of network facilities.
Nurazimah was charged with obstructing investigating officer ASP Muhamad Ridzuan Manap when they came to arrest Jufazli at her apartment in Taman Segar Perdana at 3am on March 16, 2019.
According to the charge sheet, she refused to cooperate with the police party led by Ridzuan to conduct a house search.
She is said to have chased them away and threatened to kill herself should they arrest her brother.
Nurazimah, represented by M Visvanathan, also held Jufazli tightly to prevent the police from taking him away.
FMT had previously reported that Jufazli, a former DAP member, was initially picked up by police on March 16 after a report was lodged against him.
He was arrested for the second time on March 21 over a 58-minute video he had recorded before his first arrest on March 16.
Jufazli had accused Prime Minister Dr Mahathir Mohamad of various crimes, including corruption, power abuse and colluding with PAS president Abdul Hadi Awang and Sarawak head of state Taib Mahmud.
He had previously been a staunch supporter of the new federal government and had showered praises on Mahathir and his leadership.
However, he changed his tune drastically from Feb 24 and started accusing Mahathir and the Malaysian Anti-Corruption Commission (MACC) of trying to protect Hadi and former prime minister Najib Razak.