TENOM: The trial of preacher Ebit Irawan Ibrahim Lew or Ebit Lew that had been scheduled to resume Thursday (Feb 9) and Friday (Feb 10), has been postponed to May 11 and 12, June 20 to 23, and July 11 to 14.
Magistrate Nur Asyraf Zolhani fixed the new dates following an objection by Lew's counsel Ram Singh against documents contained in a pen drive, which were findings of the prosecution's seventh witness, a forensics expert, to be examined in the trial.
"In view of the decision by this court, which covers the documents quite extensively, plus the calling of Insp Yip (seventh witness), it is pertinent that the defence will take this matter to the High Court for revision.
"The defence is asking for a stay of proceedings and not to call Insp Yip until the disposal of the revision at the High Court, which will be done expeditiously," said Ram Singh in the proceeding at the Tenom Magistrate's Court here on Thursday (Feb 9).
Deputy Public Prosecutor (DPP) Zahida Zakaria objected to a stay of proceedings, saying that the prosecution was ready to examine Yip and tender the documents as exhibits.
Nur Asyraf said in the interest of justice and in order not to render the revision academic, he would allowed the stay of proceedings until the revision was heard and disposed off.
"As such, the court will allow the seventh prosecution witness Insp Yip Chang Ching to testify. However, the defence counsel will also have the right to a reasonable time to examine the documents and to recall or re-summon and examine any witness in relation to the documents," he said.
Yip was expected to testify with regard to 90 images contained in a pen drive that he had extracted from the accused's handphone.
Lew, 37, faces 11 charges, including defaming a woman in her 40s by sending obscene words and pictures to the victim's phone number via the WhatsApp application between March and June last year.
The charge was framed under Section 509 of the Penal Code which carries a maximum prison sentence of five years, or a fine, or both, if convicted.
The trial had started in September last year and six prosecution witnessed have testified so far. – Bernama