High Court acquits temple chairman of criminal trespass
The Shah Alam High Court has acquitted a Hindu temple chairman of criminal trespass charges, ruling that the prosecution's charge was legally defective. The judge determined that the failure to specify the intent to commit an offense made the charge invalid and a waste of judicial resources.
Why it matters
This case highlights the importance of procedural accuracy in criminal law and resolves a land dispute conflict involving religious property.
Justice Hazlina Hussain quashed the charge and ordered that M Paramaguru be discharged and acquitted during the hearing at the Shah Alam High Court this morning.
PETALING JAYA: The Shah Alam High Court today acquitted the chairman of a Hindu temple of a criminal trespass charge after finding that the charge against him was defective.
M Paramaguru’s lawyer, Rajesh Nagarajan, said Justice Hazlina Hussain quashed the charge and ordered that his client be discharged and acquitted this morning.
In a statement, Rajesh said the charge failed to state that Paramaguru entered the land with the intention of committing an offence.
He said such intention was necessary for the alleged act to constitute criminal trespass.
Rajesh said Hazlina found that the defect in the charge could not be rectified and was fatal to the prosecution’s case.
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