Elderly man in slapping case claims trial to fresh charge after DNAA

Summary

• Abdul Razak Ismail claimed trial to a fresh charge for allegedly slapping a non-Muslim for eating in the daytime during Ramadan at a Johor Bahru convenience store on March 16.

• A technical issue led to his earlier charge resulting in a DNAA, but the new charge was filed after the issue was resolved.

• Bail has been set at RM2,000, and the case will be mentioned again on April 29.

A senior citizen has reportedly claimed trial to fresh charges for allegedly slapping a non-Muslim for eating at a convenience store in the daytime during Ramadan.

This came after “technical issues” caused the initial charges against Abdul Razak Ismail this morning to be granted a discharge.

According to Harian Metro, Abdul Razak was charged under Section 323 of the Penal Code for voluntarily causing hurt to Elijah Ling, 22, during an incident at 6.15pm on March 16.

The alleged offence was committed at a convenience store at a shopping mall in Tampoi, Johor Bahru.

The offence is punishable with a maximum one-year jail sentence, up to RM2,000 fine, or both.

Abdul Razak was reportedly represented by lawyer Mohd Salleh Togimin during the proceedings, while the prosecution was handled by deputy public prosecutors Nor Afiqah Musa and Nur Fatihah Mohd Nizam.

Magistrate A Shaarmini has set bail at RM2,000 with one surety.

The case is slated to be mentioned on April 29.

During the proceedings before the same magistrate this morning, Abdul Razak initially pleaded guilty but then disputed the facts of the case.

The charge was also framed under Section 323 of the Penal Code, but stated the alleged time of the offence as 3.45pm rather than 6.15pm in the new charge.

According to Bernama, the former civil servant’s dispute caused Shaarmini to reject his guilty plea and ordered him to appoint a lawyer to defend himself.

Before a new date for the next proceedings was set, the prosecution informed the court that it had received instructions to refer the case to the Attorney-General’s Chambers (AGC).

The court thus ordered a discharge not amounting to acquittal (DNAA).

In a statement later, the AGC said there was a “technical issue” with the initial charge.

“The technical issue with the charge has been overcome and the individual concerned will be charged again at the Johor Bahru Magistrate’s Court on the evening of March 19,” it said.

The AGC assured it is committed to having justice upheld for all parties in accordance with the law.

Youth requests privacy

Meanwhile, National Unity Minister Aaron Ago Dagang said the Johor National Unity and Integration Department director has met Ling and offered the latter support.

In a Facebook post titled “Walk the Talk” today, the minister also mentioned that Ling had requested privacy.

“Therefore, I urge all quarters to cooperate and give him the space he requires.

“And I hope all Malaysians will always respect each other in their daily conduct,” Aaron added.

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