Slapping incident: 65-year-old claims trial to voluntary causing hurt to victim


JOHOR BARU: A 65-year-old man has claimed trial at the Magistrate's Court here for slapping a 21-year-old man for eating in public during Ramadan.

Retiree Abdul Razak Ismail, 65, pleaded not guilty when the charge was read out before Magistrate A. Shaarmini on Wednesday (March 19) evening.

He was charged under Section 323 of the Penal Code for voluntarily causing hurt to 21-year-old Elijah Ling Zhao Zhong.

Abdul Razak allegedly committed the offence at a mall in Tampoi at about 6.15pm on Sunday (March 16).

If convicted, he could face up to one year in jail, a fine of up to RM2,000, or both.

He was represented by lawyer Mohd Salleh Togimin, while DPP Nor Afiqah Musa prosecuted.

Nor Afiqah requested bail to be set at RM8,000 but Mohd Salleh appealed for a lower amount, citing his client's status as a retiree with three children, including a university student.

He also said the accused had cooperated with authorities from the beginning, including voluntarily attending court.

Shaarmini granted bail at RM2,000 and set April 29 for mention.

Earlier the same day, Abdul Razak was granted a discharge not amounting to an acquittal (DNAA) in the same court.

This came after Deputy Public Prosecutor Nur Fatihah Mohd Nizam informed the court that the Attorney General’s Chambers (AGC) had instructed for the case to be DNAA and referred back to the AGC.

The order was issued just moments after the court rejected Abdul Razak’s guilty plea when he disputed the facts of the case despite admitting to injuring the victim.

The order also came as the court was in the midst of setting bail following the case mention.

In a statement on Wednesday, the AGC said technical issues in the case filed at the Johor Baru Magistrate's Court had been resolved and the accused would be charged again.

 

 

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