Police refer Balik Pulau assault case to DPP after outcry over no charges

GEORGE TOWN, April 7 — Police have referred an assault case involving a woman in Balik Pulau to the Deputy Public Prosecutor’s Office for further instructions, following criticism over the lack of charges in the incident.

Penang police chief Datuk Azizee Ismail said the investigation paper is being prepared for submission.

He said two suspects involved in the case were arrested by a team of officers and personnel from the Criminal Investigation Division, South-west District Police Headquarters to assist in the probe.

“The case is being investigated under Section 323 of the Penal Code for voluntarily causing hurt, Section 506 for criminal intimidation and Section 427 for mischief,” he said in a statement issued today.

He said the altercation between the men and the woman is believed to have occurred from a misunderstanding at about 1pm on March 4.

He said the victim lodged a police report on the incident at the Balik Pulau Police Station in the South-west District after sustaining injuries, receiving threats, and discovering that her vehicle had been damaged.

“The victim received treatment at Balik Pulau Hospital,” he said.

The statement is in response to a press conference by DAP legal adviser RSN Rayer yesterday who questioned why no charges were filed despite what he described as clear video evidence of the assault.

Rayer said the victim, Fam Yean Nie, was attacked in front of her shop and suffered bruises on both hands after being kicked.

He said the incident was captured on CCTV and that the victim had lodged a police report shortly after.

Rayer added that in a reply dated March 18 to his earlier letter, police classified the case as “refer to magistrate,” but no charges had been brought against the alleged assailant to date.

“At the very least, the man should be charged under Section 323 of the Penal Code for voluntarily causing hurt,” he said, after playing the video footage of the woman being assaulted.

According to Fam, the incident began with a minor accident in which a car reversing by the roadside allegedly hit her vehicle.

When she approached the occupants and requested dashcam footage, a confrontation ensued.

She said one of the men became agitated, kicked a traffic cone that struck her car, and appeared ready to attack before being restrained by others.

Moments later, another man, believed to be his son, allegedly kicked her, causing her to sustain injuries on both her hands.

Rayer said he will pursue the matter until the suspects were brought to court, including writing to the Attorney General’s Chambers.