ATTORNEY-GENERAL Tommy Thomas can appeal against the acquittal of M.A.S. Ambika for allegedly murdering her maid last year, said lawyers.

Ambika was acquitted and discharged of murdering Adelina Lisao after the prosecution decided to withdraw the charge. That decision, however, has sparked an outcry from women’s groups and the Indonesian authorities.

Lawyers yesterday, however, said the case is not shut, adding that the attorney-general can file an appeal.

Since Ambika has been acquitted and discharged, she has been freed unconditionally, the Bar Council’s Migrant, Refugees and Immigrants Committee co-chair M. Ramachelvam told The Malaysian Insight.

“But the prosecution has the right to appeal against the acquittal and discharge, and apply for the accused to be given a discharge not amounting to an acquittal,” Ramachelvam said.

This way her case can be brought up again if there is fresh evidence, he said.

Lawyers for Liberty executive director Latheefa Koya said it is also important to find out the reason behind the prosecution’s decision to withdraw the charge.

She said if the prosecution withdraws the charge then the judge is left with only two choices – either give a discharge amounting to acquittal, which is a full acquittal, or discharge not amounting to acquittal – meaning if the prosecution comes back with the charge again – the case will continue.

The Attorney-General’s Chambers has the power to withdraw charges but there must be a good reason for it, Latheefa said.

“In this particular case, it is highly suspicious. This is a classic criminal case which involves death and all elements seem to be there for a murder charge. So what happened?

“The A-G must summon the officer in charge, who is the DPP, and get to the bottom of it (and find out) what is the issue actually. Why was the charge withdrawn?”

Ambika’s lawyer, Anbananthan Yathiraju told The Malaysian Insight earlier that the 61-year-old woman was acquitted and discharged in accordance with the law.

“Before the trial commenced, the defence counsel made a representation to the deputy public prosecutor’s (DPP) office to reconsider the charge after viewing the documents received from the prosecution.

Anbananthan said once the trial commenced, the first witness – who is the forensic expert – said he could not find any trace of chemical or acid on Adelina while the testimonies of the second and third prosecution witnesses “were merely hearsay”.

When the matter was called up for continued hearing on April 18 in the Penang High Court, the DPP informed the judge that the prosecution did not wish to proceed further and requested that the accused be given a discharge not amounting to acquittal (DNAA) under Section 254 of the Criminal Procedure Code.

“Defence counsel objected to the DNAA and suggested if prosecution did not wish to proceed further then the accused ought to be acquitted in view of her age and poor health,” he said.

Anbananthan added that after hearing the submission by both parties, the judge exercised his discretion under Section 254(3) of the Criminal Procedure Code and acquitted and discharged the accused.

Adelina was found with severe injuries, believed to be from abuse, at a house in Taman Kota Permai, Bukit Mertajam, on February 10, 2018.

She died the next day while receiving treatment at Bukit Mertajam Hospital.

It was reported that she had suffered severe injuries to the head and face, had infected wounds on the hands and legs and had been forced to sleep with her employers’ dog on the porch outside the house for two months. – April 24, 2019.