SEPANG: The typically quiet courthouse here hummed with sudden activity as Comm Datuk Seri Mohd Shuhaily Mohd Zain arrived to face summons linked to cases of assaulting two policemen at the airport.
The Malaysian Border Control and Protection Agency (AKPS) director-general made his plea of innocence outside the accused dock because he was charged as a summoned person (OKS).
Wearing a dark blue suit, the 54-year-old claimed trial before Magistrate Khairatul Animah Jelani for two counts of assault.
“I plead not guilty and claim trial,” he said.
According to the charges, Comm Mohd Shuhaily allegedly caused hurt to two policemen – L/Kpl Mohamad Faiz Saman, 40, and L/Kpl Muhammad Ekmal Sofwan Dirman, 25 – near counter J, Terminal 1, Kuala Lumpur International Airport, here between 1.27pm and 1.35pm on Sept 28.
He was charged under Section 323 of the Penal Code and faces up to a year’s imprisonment and a maximum fine of RM2,000, or both, if convicted.
Deputy public prosecutor Shahrizat Ismail offered bail at RM5,000 in one surety for each of the charges, saying that it was a reasonable amount.
Comm Mohd Shuhaily’s lawyer, Kitson Foong, however, argued that as a summoned person, Comm Mohd Shuhaily should be released on his own personal bond instead of bail.
“Only in the alternative, if the court is minded to fix bail in one surety, the amount should be RM1,000 for both charges,” he said.
He also said the alleged offences were bailable, compoundable offences that may be settled between the complainants and the summoned person.
Foong said Comm Mohd Shuhaily was in the service for 26 years, including his time as a police attache in Washington DC, a former Bukit Aman criminal investigation department director and currently heading the AKPS.
The counsel asked the court to not impose additional bail conditions on Comm Mohd Shuhaily, particularly on surrendering a passport and reporting attendance to the police station.
“He is absolutely not a flight risk. As a matter of fact, he takes care of our borders,” Foong said.
Foong also asked the court to exempt Comm Mohd Shuhaily from pre-trial case management, saying that his client would be in court for the trial.
DPP Shahrizat replied that it was up to the court’s discretion to decide on the exemption.
“What is certain is that he needs to be in court for the trial. We only ask the accused to refrain from disturbing the witnesses,” the DPP said.
The court fixed RM1,500 in one surety for each of the charges.
She, however, dismissed the application to exempt Comm Mohd Shuhaily’s attendance for pre-trial case management.
The case is fixed for mention on Nov 25. Comm Mohd Shuhaily posted the RM3,000 bail.
