KUCHING: A 23-year-old local man was fined RM3,500 or in default 10 months’ imprisonment by the Magistrates’ Court here today (Feb 11) for making an obscene gesture by showing his middle finger to a homeowner whose house he had broken into earlier this month.
Mohd Nurikhmal Sahmuri pleaded guilty to the second charge before Magistrate Mason Jaro Lenya Barayan.
He was charged under Section 507B of the Penal Code for making an obscene gesture with the intention of harassing the 34-year-old male victim.
The offence carries a penalty of up to three years’ imprisonment or a fine or both.
For the record, Section 507B is a new law covering bullying offences both online and offline, and the case is believed to be the first in Sarawak charged in court under the provision.
However, the accused pleaded not guilty to a separate charge under Section 426 of the Penal Code for allegedly damaging the victim’s main entrance door.
The court allowed bail of RM1,000 with one local surety for the first charge and fixed March 12 for case management.
According to the facts of the case, the incident occurred at a house in Kampung Samariang Jaya at 12.10 pm on Feb 7.
The complainant, who was at home at the time, rushed to the front of the house after hearing a loud bang and discovered that the main entrance door had been damaged.
A shirtless man wearing shorts then emerged and allegedly showed an obscene middle-finger gesture at the complainant while ordering him to leave the house.
The complainant was unaware of the reason for the man’s actions. A police report was lodged, leading to the accused’s arrest on Feb 8.
Police investigations found that the accused had allegedly damaged the victim’s door and made the obscene gesture.
The prosecution was conducted by Deputy Public Prosecutor, Muhammad Afiq Safly Nor Kazly, while the accused was unrepresented.
