KUCHING: A private medical company was discharged not amounting to an acquittal (DNAA) by the Sessions Court here for operating a private clinic without proper registration.
Judge Saiful Bahari Adzmi granted the discharge after the prosecution withdrew the case, citing that the company was not directly involved in the offence.
In addition, the prosecution told the court there was no documentary evidence to support the case during the first day of trial.
Earlier, the company had been charged under Section 4(1) of the Private Healthcare Facilities and Services Act 1998, punishable under Section 5(1)(b) of the same Act, for operating a private medical clinic without registering it under Section 27 of the Act.
The alleged offence took place at a premises along Jalan Laksamana Cheng Ho at around 11am on Aug 23, 2023.
According to the case facts, a team comprising enforcement officers from the Private Medical Practice Control Branch (CKAPS) of the Sarawak Health Department raided the premises using a warrant.
During the raid, a medical practitioner operating the clinic failed to produce a certificate of registration when requested by the raiding team.
A search was later conducted on the premises on suspicion of violating Section 4 of the Private Healthcare Facilities and Services Act 1998. A police report was also lodged for further investigation into the company’s role.
The prosecution was led by prosecuting officer Dr Sirena Anne Maiks on behalf of Norzaizeli Abu Samah from the Sarawak Health Department, while the company was represented by counsel Daniel Ling.