An unemployed man who was previously jailed and fined for stealing a mobile phone at Low Yat Plaza, was today, together with a friend, given a discharge not amounting to acquittal by the Magistrate’s Court to a charge of injuring a mechanic in February this year.
Magistrate Nur’Aminahtul Mardiah Md Nor made the decision after the prosecution’s second witness, Hamizan Hamzah, the victim, decided not to pursue the case against Shahrul Anuar Abdul Aziz, 23, and his friend Muhammad Shameer Zaidi, 19.
The victim, a mechanic, who was supposed to testify on the second day of the trial, told the court today that he decided against giving evidence and wanted to stop pursuing the case.
“I don’t want to face the hassle of attending court (for trial) and bothering my family and no one forced me to change my mind on testifying today,” he said.
Deputy public prosecutor Siti Hajar Mohd Ashif said the prosecution was ready to proceed with the trial, but it was up to the court’s discretion to decide.
The trial started on July 1 with the prosecution’s first witness, Hafizuddin Hamzah, 27, the elder brother of the victim, called to give evidence.
Both the accused were charged with causing injury to Hamizan, 25, with a machete in front of the Mizan Racing workshop, Jalan Jelatek, Kuala Lumpur, at 3.30am on Feb 20.
Represented by counsel Mohd Khairul Azam Abdul Aziz, both accused were charged under Section 324 of the Penal Code which carries a maximum imprisonment of three years or fine or whipping or any two of the penalties, if convicted.
On May 24, Shahrul Anuar was jailed for four months and fined RM1,000 by the Magistrate’s Court in Kuala Lumpur after being found guilty of stealing a mobile phone at Low Yat Plaza.
However, the court allowed a stay of execution pending appeal at the High Court.
Shahrul Anuar was also fined RM2,000 by the Magistrate’s Court on Feb 12 after pleading guilty to using methamphetamine on July 12 last year.