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DAP man takes Hee pepper-spray complaint to court

Published On February 01 , 2010
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By Clara Chooi
IPOH:
Aulong assemblyman Yew Tian Hoe has now taken his complaint to the magistrates’ court that former DAP colleague Hee Yit Foong attacked him with pepper spray in the state assembly last May 7. By filing the complaint, Yew is forcing either one of two bodies — the police or the judiciary — to take action.

Yew’s lawyer Terence Naidu said today the complaint was lodged under Section 128 of the Criminal Procedure Code, which stipulates that the magistrate who receives it is obliged to hold an inquiry into the matter.

“The inquiry is to investigate if there is a basis for the complaint and if so, the magistrate will then issue a summons against Hee and call for the case to be heard,” Terence told The Malaysian Insider when contacted this afternoon.

He added that Yew’s complaint, which alleged that Hee had attacked him with the pepper spray during the state assembly sitting on May 7 at the Perak State Secretariat, would also compel the magistrate to inform the Deputy Public Prosecutor’s office of such a case.

“Once the DPP is informed, he has the prerogative to order the police to open an investigation into the case or instead, choose to sit in during the inquiry,” said Terence.

If the DPP chose to order for a police investigation however, he added, the inquiry need not be held.

“This is an avenue in the law that is rarely used. In such a matter, the magistrate actually sits as the investigating officer during the inquiry.

“If there is enough grounds for a case, then I will become the prosecuting officer against Hee,” explained Terence.

He added that the ball was now in the court of the DPP on whether to compel the police to conduct an investigation or choose to attend the inquiry.

“The inquiry date has not yet been set by the magistrate,” he added.

During the May 7 sitting last year, the handicapped Yew had allegedly been sprayed in the eyes with a pepper spray by Barisan Nasional-friendly Independent Hee Yit Foong.

Since the incident, which had caused Yew’s eyes to be badly swollen, pictures of Hee holding up a gadget that looked like the pepper spray had been splattered in the newspapers.

Hee had at first denied that she had been in possession of a pepper spray, adding that it was a hotel room key or a pen drive, but later retracted her statement.

Courtesy: TheMalaysianInsider
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