JOHOR BAHRU: An elderly man who went viral for slapping a non-Muslim man at a convenience store in a shopping mall was released without being acquitted (DNAA) by the Magistrate’s Court here today on a charge of intentionally causing hurt.
However, Abdul Razak Ismail, 65, as the person summoned (OKS), will be charged again in court on a different date.
Magistrate A. Shaarmini made the DNAA order after the prosecution received the latest instructions to classify Abdul Razak’s case as DNAA and referred to the Attorney General’s Chambers (AGC), Putrajaya.
“The prosecution has received instructions for this case to be classified as DNAA at this time, refer the investigation paper to the AGC Headquarters, prosecution division in Putrajaya.
“So the case against you is DNAA,” said Shaarmini.
Earlier, Abdul Razak pleaded guilty to a charge of intentionally causing bodily harm to Elijah Ling Zhao Zhong, 22, at a convenience store in a shopping mall here at 3.45 pm, last Sunday.
The charge was brought under Section 323 of the Penal Code which carries a prison sentence of up to one year or a maximum fine of RM2,000 or both, if convicted.
According to the facts of the case, the complainant stated that he was slapped by the OKS.
The results of a medical examination found that there was a bruise on the complainant’s right cheek.
After the facts of the case were read out, Abdul Razak, however, did not admit the facts.
“So you do not admit the facts of the case; therefore I reject the guilty plea and you need to appoint a lawyer to defend yourself,” said Shaarmini.
“In that case, I will just admit my guilt, I also have a wife to support,” the OKS replied.
“Mr. Razak, the court cannot accept a conditional guilty plea such as ‘I do not admit the facts of the case exactly, but I want to admit guilt because I have a responsibility’.
“That is a conditional guilty plea, the Court cannot accept such a guilty plea.
“I will set a mention date since you did not admit the facts of the case, for you to appoint a lawyer,” Shaarmini retorted.
However, before the mention date was set, Deputy Public Prosecutor Nur Fatihah Mohd Nizam informed that her party had received the latest instructions for the OKS to be released without acquittal and for the case to be referred to the AGC headquarters.
When asked by the magistrate whether the OKS would be charged again in the future, Nur Fatihah replied “Yes, that’s true”.
Last Monday, Johor Bahru North District Police Chief ACP Balveer Singh Mahindar Singh was reported to have said that his party had received a report from the complainant regarding the incident at 9.08 pm on Sunday.
Balveer Singh was quoted as saying that in the incident at 3.45 pm on the same day, the complainant, who was eating at the time, claimed that he was slapped twice on the right cheek by an unknown man after being asked about his religion, and asked to show his MyKad as proof.
The incident also went viral on social media through two videos lasting 32 and 44 seconds. – BERNAMA