The Kuala Lumpur High Court today referred the case where a businessman is accused of enticing TV presenter and model Daphne Iking, to the Federal Court.

Judge Mohd Sofian Abd Razak made the decision after hearing submissions from the parties involved and finding that there were merits to the case in terms of constitutional issues, including what was cited as discrimination against men, which needed to be resolved by the Federal Court first.

NONE Darren Choy, 44, had filed an appeal to the High Court on Aug 26 over a magistrate's court's decision which rejected his application for a private summons against him to be heard before another magistrate.

The model's former husband, Ryan Chong, had initiated the summons against Choy for allegedly enticing Iking, 30, with the intention of having prohibited sexual intercourse with her.

He alleged that the defendant committed the offence at The Plaza, Jalan Wan Kadir, Taman Tun Dr Ismail here between July 2007 and September 2008.

If found guilty under Section 498 of the Penal Code, Choy can be jailed up to two years or fined or both.

Law being questioned

Choy is represented by counsel Jagjit Singh, Akbardin Abdul Kader and Cyrus Dass while Chong is represented by counsel Wong Kian Kheong.

In August last year, magistrate Mohd Faizi Che Abu had allowed Chong to proceed with his private summons after the public prosecutor decided it would not pursue the case as it deemed it to be marital problems.

On Dec 9, Choy had asked Mohd Faizi to recuse himself from hearing the case on the grounds of avoiding prejudice because he was the magistrate who had recorded the complaint from Chong.

He also wanted the Federal Court to deliberate on the constitutional issues raised.

    

Iking married Chong, 31, on Jan 27, 2007 in Bali, Indonesia and they have a daughter, Isobel Daniella, who is two years old. The couple divorced last year.

Among the issues that would be referred to the Federal Court was whether Section 498 of the Penal Code was an unequal law as it imposes criminal liability on the men only and a gender discrimination against men.

- Bernama