KULIM: The magistrate's court here has postponed the sentencing of a fuel smuggler who had rammed his vehicle into a policeman while evading arrest two years ago, leaving the victim in a vegetative state.
This is following the defence's argument that there was a duplication of charges against Chua Kai Choon, 45.
Counsel Chong Seng Ming, who represented the accused, said he has sought an explanation from the prosecution, although his client had pleaded guilty to four separate charges during the previous proceedings held on March 27.
"Yes, the accused had pleaded guilty to all charges but after reviewing the charges, I discovered that there is an overlap.
"He is charged with driving under the influence of drugs and alcohol while at the same time, my client is also charged with reckless driving.
"Under the law, one cannot be punished twice for the same offence. That is why I am asking the prosecution whether the charges are legitimate under the law?" he said after the case was called for sentencing today.
Deputy public prosecutor Nursalwati Wan Kamarul Arrifin informed the court that the investigation papers were with the Attorney-General's Chambers.
Magistrate Jamaliah Abd Manap subsequently set June 6 for further mention.
Lawyer Kuldeep Singh Gill, who is representing the family of Corporal Muhamad Khairul Syafiq Ahmad, was present during proceedings.
Also present was lawyer S. Arvind, who is holding a watching brief for the family.
When approached after the proceedings, Nursalwati declined comment and instead referred the media to the Attorney-General's Chambers.
It was reported that in the July 16, 2022 incident, Syafiq, who was attached to the Hi-Tech police station, was on patrol when he tried to flag down the accused.
In his haste to evade arrest, the accused's vehicle knocked into the victim's motorcycle before speeding off.
Chua was subsequently arrested in Butterworth several hours later and tested positive for drugs.
It was also reported that police later discovered that the pickup truck was modified with a fuel tank in the cargo compartment, suggesting that he was involved in the smuggling of subsidised fuel.
On July 21, 2022 the accused was slapped with an attempted murder charge at the Kulim Sessions Court, along with other charges at the magistrate's court.
However, the prosecution later withdrew the attempted murder charge resulting in Chua being given a discharge not amounting to acquittal.
On March 27 this year, Chua pleaded guilty at the magistrate's court to a charge of obstructing Khairul from executing his duty as a civil servant.
The charge was framed under Section 186 of the Penal Code which carries up to two years' imprisonment or with a maximum fine of RM10,000, or both.
The accused had also pleaded guilty at the same court to three other separate charges under the Road Transport Act 1987 for driving under the influence of drugs and alcohol, causing serious injuries to the victim; reckless driving; and, performing illegal modifications to his pick-up truck.