Proceedings continue despite wife’s wish to drop charges
BALIK PULAU: The criminal trial of former Penang exco member Fahmi Zainol will resume on Sept 10 after the prosecution sought further instructions from the Attorney-General’s Chambers (AGC).
Magistrate Chia Huey Ting granted the prosecution’s request after Fahmi’s wife, Nur Hidayah Abd Jabar, told the Magistrates’ Court here that she wished for the case to be dropped.
Fahmi, the Pantai Jerejak assemblyman, claimed trial to a charge of voluntarily causing hurt to Nur Hidayah at a house in Persiaran Pantai Jerejak 11, Bayan Lepas, at about 10pm on Feb 22.
The charge, under Section 323 of the Penal Code read with Section 326A, carries a maximum two-year jail term, a fine of up to RM2,000, or both, upon conviction.
Nur Hidayah, 35, who testified as the first witness yesterday, said Fahmi did not intend to physically hurt her.
She said she lodged a police report on Feb 23 after sustaining an eye injury, but filed another report the same day to withdraw her complaint.
She subsequently lodged a third report expressing dissatisfaction that police had proceeded to charge Fahmi despite her withdrawal.
“He did not intend to hurt me. It was a misunderstanding between us that led to the scuffle.
“I said I did not want to proceed with the case,” she told Chia.
Deputy public prosecutor Ikmal Affendi Zulkifly then applied for another hearing date pending instructions from the AGC.
Defence counsel Shamsher Singh Thind objected, urging the court to either dismiss the case or acquit Fahmi.
He argued that the case no longer had any basis following the complainant’s testimony, and cited several court decisions on the prosecution’s failure to present available evidence and circumstances in which a charge could be considered groundless.
Ikmal, however, said the withdrawal of the police report does not automatically prevent the prosecution from continuing with the case, as the decision to prosecute does not depend solely on the victim’s wishes.
Chia said the prosecution was entitled to seek further instructions from the AGC, noting that it was only the first day of the trial.
She said the withdrawal of the report did not render the charge groundless.
“There were injuries (based on the photographic evidence provided).
“The matter is about whether to proceed with the case, and it is about upholding justice, not just the victim’s choice,” she said.
Chia allowed the prosecution’s application and ordered all necessary witnesses to attend court if the prosecution decided to proceed with the case.
