The Attorney-General’s Chambers (AGC) will apply to the Court of Appeal to review its decision to acquit independent preacher Syed Shah Iqmal Syed Mohammad Shaiful, better known as Da’i Syed, of a rape charge.
In a statement on Thursday, the AGC said it made the decision after studying the court’s grounds of judgment. The application will be filed under Rule 105 of the Rules of the Court of Appeal 1994.
The AGC said the prosecution would focus on whether there are exceptional circumstances that meet the legal threshold for the court to exercise its power of review, as set out by the Federal Court in Asean Security Paper Mills Sdn Bhd v Mitsui Sumitomo Insurance (Malaysia) Bhd.
On Wednesday, the Court of Appeal allowed Syed Shah Iqmal’s final appeal by a 2-1 majority. Justices Azman Abdullah, who chaired the panel, and Radzi Abdul Hamid ruled in his favour, while Justice Meor Hashimi Abdul Hamid dissented.
Reading the majority decision, Azman said the defence had raised a reasonable doubt and that the conviction was unsafe. The court set aside the 10-year prison sentence and three strokes of the cane imposed by the High Court.
Syed Shah Iqmal had been charged with raping a 23-year-old woman at a condominium in Shah Alam in September 2019.
This article is general information, not legal advice. For advice on your own situation, speak to a lawyer.