PETALING JAYA: The sentencing in the case of two company directors, including a "Datuk" who was filmed, in a viral video, assaulting a couple at a hotpot restaurant has been pushed to May due to a new development in the case.
The Magistrate’s Court heard that the restaurant owner had retracted a police report against Datuk Tan Wai Khan, 42, who had previously claimed trial to a charge of mischief under Section 427 of the Penal Code.
Tan's lawyer Datuk Suraj Singh, who represented Tan and co-accused Ang Mow Loong, 40, informed the court that the defence received information that the restaurant owner made the retraction for the particular offence.
According to the charge under Section 427, Tan allegedly smashed plates and bowls belonging to Kwan Pei Chong, 31, at Restoran Steamboat TST, Tropicana Avenue, Damansara, at 9pm on Jan 12.
He faces a maximum 12 months in jail or fine or both, if convicted.
Due to the new development, Suraj asked the court to give some time to the prosecution to study the charge and sought for another date for case mention.
"We hope the relevant document could be handed over before any decision on the case is made," he said when the case was brought up before Magistrate Nurshahira Abdul Salim here on Friday (April 2).
Deputy Public Prosecutor Athifah Hazimah Wahab told the court that the prosecution would await further instructions pertaining to the mischief charge.
Magistrate Nurshahira then fixed May 11 for a re-mention for all the charges faced by Tan and Ang.
On Jan 21, Tan and Ang were jointly accused of voluntarily causing harm by hitting Kwan at the hotpot restaurant under Section 323 of the Penal Code.
The charge carries a maximum one year imprisonment or up to RM2,000 fine or both, upon conviction.
For the second charge, they were jointly accused of causing public nuisance to the customers and employees of the same restaurant, at the same place and time.
The charge under Section 290 of the Penal Code carries a maximum fine of RM400, upon conviction.
They pleaded guilty to the charges.
Tan also pleaded guilty to two counts under Section 323 of the Code for voluntarily causing hurt by hitting two more victims - Magdalene Wong Chung Yi, 31, and Lee Dek Quan, 25 - at the same place and time.
Tan, however, did not plead guilty to the charge of mischief.
Tan is currently out on a RM10,000 bail in one surety while Ang is out on a RM4,000 bail in one surety.