Former Selangor state executive councillor Ronnie Liu Tian Khiew has been cleared of a charge of abetment in obstructing an enforcement assistant from discharging his duty in 2007.

This follows a unanimous decision by the Court of Appeal today to strike out the prosecution’s appeal against Liu’s acquittal.

Justice Mohtaruddin Baki chairing a three-man panel held that the prosecution’s appeal was incompetent.

The panel which also comprises Court of Appeal judge Zakaria Sam and High Court judge Abdul Karim Abdul Jalil had earlier allowed a preliminary objection raised by Liu’s counsel Gobind Singh Deo.

Gobind Singh had contended that the sole question of law posed by the prosecution was irrelevant as it did not relate directly to the charge faced by his client.

Under the law, the prosecution appealing in criminal cases arising from the Magistrate’s Court must frame questions of law for the Court of Appeal to determine.

However, deputy public prosecutor Awang Amardajaya Awang Mahmud argued that the legal question has fulfilled the requirement under the Courts of Judicature Act 1964.

The question was whether the words uttered by the respondent (Liu) alone can be an offence for obstruction under Section 186 of the Penal Code.

Liu, 57, was acquitted by the Petaling Jaya Magistrate’s Court on Sept 17, 2013 of abetment in obstructing Subang Jaya Municipal Council enforcement assistant Mohammad Hadzim Zulkapli in an anti-vice operation at Hotel Chile, 10, Jalan Kenari 6, Puchong on Nov 2, 2007.

He was accused of abetting Hotel Chile customers and staff to prevent Mohamad Hadzim from shutting down the hotel.

On Jan 16, last year, the Shah Alam High Court dismissed the prosecution’s appeal and upheld Liu’s acquittal.

Deputy public prosecutor Tetralina Ahmed Fauzi assisted Awang Amardajaya.

- Bernama