High Court orders sinseh to stand trial for sending wife threatening SMS
A traditional sinseh who was alleged to have threatened his wife with an SMS message in June 2017 has denied owning the mobile phone which sent out the message.
Ee Yuin Chang was cleared by the Magistrate Court in 2017, which ruled that the prosecution failed to prove the phone from which the text message was sent was in his possession.
But today, High Court judge Akhtar Tahir overturned the Magistrate Court’s decision by allowing the prosecution's appeal...
A traditional sinseh who was alleged to have threatened his wife with an SMS message in June 2017 has denied owning the mobile phone which sent out the message.
Ee Yuin Chang was cleared by the Magistrate Court in 2017, which ruled that the prosecution failed to prove the phone from which the text message was sent was in his possession.
But today, High Court judge Akhtar Tahir overturned the Magistrate Court’s decision by allowing the prosecution's appeal.
The message was written in broken English addressed to Ee's wife Low Hooi Meng, which read: “If you don’t return my 2 kids, I will make you until die or make you mad. Legal proceeding its just a drama for make you in trouble.”
Akhtar said the prosecutors proved that the phone was registered under the accused’s name.
"Since the text message had come from a mobile phone number registered to Ee, that was enough to prove beyond a reasonable doubt that the defence should be called," said Akhtar.
Lawyer S Raveentharan argued that his client Ee had never possessed the phone or the mobile number allegedly used to harass his wife.
Ee and his wife were then in the midst of separation.
According to Raveentharan, the mobile number was registered under Ee’s name without his knowledge.
To protect himself, Ee has lodged three police reports on the matter.
Raveentharan said the government only imposed a biometric registration for all mobile phone lines in 2018.
“The mobile phone used in the alleged crime was never tendered in court,” he added.
Meanwhile, Akhtar allowed bail at RM4,000 with one surety and ordered the Magistrate Court to set a date to hear the case again.
Raveentharan later told reporters that his client has instructed him to appeal the High Court’s decision.
In 2017, the 45-year-old had claimed trial to a charge under Section 507 of the Penal Code for criminal intimidation by anonymous communication.
If convicted, Ee, who hails from Simpang Ampat, Penang, faces a seven-year jail term.
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