BUKIT MERTAJAM: A Magistrates Court here ordered the police to return the torn pants and belt belonging to Padang Serai Member of Parliament N. Gobalakrishnan, which he wore during nomination for the Permatang Pasir by-election.
Magistrate Mohamed Azhar Hamzah gave the police two weeks to surrender the items to Gobalakrishnan.
He said since the prosecution had not indicated if they would use the items as evidence in the case, the police could return the apparel to the accused under Section 20 of the Criminal Procedure Code.
Gobalakrishnan, who was absent from court Wednesday to attend a Parliament sitting, was charged with using criminal force to prevent a policeman from discharging his duties during nomination for the Permatang Pasir by-election.
He was alleged to have committed the offence in front of the Youth Skills Development Institute (IKBN), Jalan Berapit here, at about 11am on Aug 17.
He claimed trial on Aug 18 to a charge of using criminal force to prevent Sub-Inspector M. Karunamuthi from discharging his duties.
Gobalakrishnan’s counsel J. M. Martin had earlier made an application to the court for the return of the items he wore on the day of the incident.
“We believe we have won a small battle here because the pants and belt are going to be important evidence in preparation for our defence,” Martin told reporters outside the court Wednesday.
He however said that although Gobalakrishnan had authorised him to collect the items on his behalf, deputy public prosecutor Hasnurliza Mohd Radzi insisted that the items be personally surrendered to the accused.
Fellow defence counsellor Lim Boo Chang earlier applied to the court for the items to be returned immediately, to which Mohamed Azhar said the court would leave the matter to the police and the accused to sort out within the 14-day period.
Hearing has been fixed from March 8 to 10.
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