The Magistrate Court here today ordered a stay of the hearing of a private summons involving TV personality Daphne Iking.

Magistrate Zaki Asyraf Zubir made the order following an application by Darren Choy Khin Ming to refer to the High Court seven constitutional questions pertaining to a charge of enticement.

Choy's counsel, Jagjit Singh, applied for the stay pending a decision on the matter by the High Court and also on another appeal by Choy, against a decision by previous magistrate, Mohd Faizi Che Abu, in rejecting his application Mohd Faizi to recuse himself.

Choy had applied to recuse Mohd Faizi from hearing the case on grounds of prejudice because he was the magistrate who recorded the complaint from Iking's former husband, Ryan Chong Yiing Yih, 31.

The High Court will hear this matter on Dec 17.

NONE Chong and Choy are embroiled in a legal battle with the former accusing Choy of “enticing or taking away or detaining with a criminal intent a married woman”, a crime under Section 498 of the Penal Code.

Choy is charged with enticing Iking ( left ), knowing that she is a married woman, with the intention of having sexual intercourse at The Plaza, Jalan Wan Kadir, Taman Tun Dr Ismail here between July 2007 and September last year.

If found guilty, he can be jailed up to two years, fined or both.

Unfair to the male sex?

The constitutional questions raised by Chong included whether Section 498 of the Penal Code was inherently discriminatory of the male sex as it only criminalised the conduct of the male in a joint and/or consensual act involving a female.

Choy also wanted the High Court to determine whether the section 498 of the Penal Code was an unequal law as it imposed liability on the male party only and was therefore in breach of Article 8 (1) and (2) of the Federal Constitution which regarded all persons are equal before the law.

Meanwhile, lawyer Wong Kian Kheong, who represented Chong, did not object to the stay of the hearing.

Iking married Ryan on Jan 27, 2007 in Bali, Indonesia. The couple has a daughter, Isobel Daniella Iking-Chong, who is now 21 months old.

- Bernama