JOHOR BARU: The High Court here has upheld the 10-year jail sentence imposed on a trader for causing serious injuries to his pregnant wife in a case that shocked the nation in 2021.
On Tuesday (Nov 4), Justice Atan Mustaffa Yussof Ahmad dismissed 42-year-old Rosmaini Abdul Raof’s appeal against his conviction and sentence handed down by the Sessions Court on Dec 9 last year.
The court also rejected a cross-appeal by the prosecution seeking a longer jail term.
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In his ruling, Justice Atan Mustaffa said the Sessions Court judge did not err in accepting the testimony of the prosecution’s first witness as credible.
He said two exhibits, which the defence claimed cast doubt on the case, were only introduced after the accused was called to enter his defence and were never raised during the more than two-year trial.
"The accused was also the only person with access to the apartment where the incident occurred, and he admitted to the witness that he had struck his wife with his hands.
"Medical reports showed that the victim suffered severe brain injuries requiring surgery, and the accused had attempted to flee when police moved in to arrest him," he said.
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On the prosecution’s request to increase the sentence, the judge said the High Court would not intervene in the Sessions Court’s decision.
"Although the court sympathises with the victim, who now requires continuous care, the court is not inclined to interfere with the sentence imposed," he added.
Following the decision, one of Rosmaini's lawyers, Muhammad Nor Tamrin, applied for a stay of execution pending an appeal to the Court of Appeal.
The court allowed the stay but ordered the bail amount increased from RM15,000 to RM25,000.
The earlier bail conditions, that Rosmaini must report to the police once a month and not disturb the victim or prosecution witnesses, were maintained.
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Rosmaini had previously served 79 days in prison before the High Court granted a temporary stay of execution on Feb 25 while awaiting the outcome of his appeal.
He was charged on June 17, 2021, with intentionally causing grievous hurt to his now ex-wife Jahidah Nordin, now 46, leaving her with serious injuries. He pleaded not guilty at the time.
The case attracted widespread attention as Jahidah was pregnant during the assault.
She was initially treated in the intensive care unit at Hospital Sultanah Aminah here before being transferred to Hospital Tuanku Ja’afar in Seremban.
She later delivered a baby boy, Eshan Nufail, via caesarean section on Nov 30, 2021. The child has since been confirmed as a person with disabilities (OKU).
On March 15 last year, the Seremban Lower Syariah Court allowed a fasakh (annulment) application initiated by Jahidah’s family on Feb 1, 2023, formally dissolving the marriage.
