Emilia withdraws case, SM Faisal discharged and acquitted


Emilia Hanafi (left) and Datuk SM Faisal SM Nasimuddin. - Bernama

KUALA LUMPUR: The Magistrate's Court has acquitted Datuk SM Faisal SM Nasimuddin of the charge of injuring his ex-wife Emilia Hanafi eight years ago, after the woman withdrew the case against the businessman.

Magistrate Nadia Othman made the decision on Friday (March 31) after allowing the request by SM Faisal's lawyer Datuk Akberdin Abdul Kader, as Emilia, the complainant and also the final prosecution witness, agreed to withdraw the case.

"I believe the parties have reconciled and reached a settlement. Therefore the accused is discharged and acquitted and the bail money is returned," said Nadia.

Earlier, Emilia's watching brief lawyer Nizam Bashir informed the court that the parties involved had been in discussions since on Thursday (March 30) and had reached a settlement over the matter.

Deputy Public Prosecutor Nur Aishah Ahmad Zakiuddin then called Emilia to the witness stand to confirm the matter."Due to there being a settlement, I would like to withdraw this case. I also understand the consequence that if I withdraw the case, the charges cannot be continued against the accused," said Emilia when questioned by Nur Aishah at Friday's proceedings, originally scheduled for the continuation of the trial.

Nur Aishah then requested for SM Faisal to be granted a discharge not amounting to an acquittal, but Akberdin requested that his client be discharged and acquitted following the withdrawal of the case by Emilia.

When met by reporters outside the court, Nizam said the case was successfully resolved after both parties agreed to the terms of the proposed settlement.

"The case was successfully resolved and the basis of the resolution was the blessed month of Ramadan and the welfare of the children (SM Faisal and Emilia's three children). There are terms of the agreement but there is no need to disclose them, we celebrate the agreement that has been reached," he said.

Meanwhile, Akberdin said both parties agreed not to disclose the terms of the settlement to the public.

He said the settlement also involved other cases in the Syariah Court and the parties would inform the court not to continue those cases.

SM Faisal and Emilia, when met by reporters, expressed their gratitude over the settlement and that their full focus and attention would be on the children.

SM Faisal was charged with injuring Emilia at a house in Desa Sri Hartamas, Brickfields here between 12.30 pm and 4.30 pm on Nov 22, 2015, according to Section 323 of the Penal Code, punishable under Section 326A of the same code which carries a maximum jail term of two years or a fine of RM2,000, or both, if convicted. – Bernama

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SM Faisal , Emilia Hanafi , Injury , Acquittal , Discharge

   

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