PETALING JAYA: The sentencing of two company directors, one of whom is a “Datuk”, who were caught 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.
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 of 12 months in jail, a fine or both.
Due to the new development, Suraj asked the court to give some time to the prosecution to study the charge and sought another date for case mention.
The case was brought up before Magistrate Nurshahira Abdul Salim here yesterday.
Deputy public prosecutor ‘Athifah Hazimah Wahab told the court the prosecution would await further instructions pertaining to the mischief charge.
Magistrate Nurshahira 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.
For the second charge, they were jointly accused of causing a public nuisance, with the charge carrying 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 other 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.