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.
He said the judge also ruled that putting Paramaguru through a full trial would amount to “a waste of judicial time”.
Paramaguru was charged on Feb 8 with trespassing at the Sri Maha Mariamman Temple in Dengkil, where he was the chairman.
The case stemmed from a dispute between the temple and landowner, Suhaili Ahmad, over ownership of the land.
It was previously reported that Paramaguru was accused of entering land belonging to Suhaili without permission at Jalan Selangor Dredging, Dengkil, at 4.45pm on June 19 last year.
He claimed trial to the charge under Section 447 of the Penal Code.
The offence carries a maximum jail term of six months, a fine of up to RM3,000, or both.
Suhaili was previously reported to have given the temple management one week to vacate the land and remove its statues and other property.
