The Court of Appeal today set aside the acquittal of three men on a charge of voluntarily causing grievous hurt to national boxer Muhammad Farkha Mohd Haron three years ago.  

A three-member panel chaired by Court of Appeal president Md Raus Sharif made the unanimous decision after allowing the prosecution’s appeal over the acquittal of Tunku Nick Tazuddin Izwan Syah Tunku Qadir, 30, Alex Foo Hee Wee, 44, and Mohd Arif Husin, 38.

The trio were sentenced to four years’ jail each by the Johor Baru Sessions Court on June 28, 2013, after they were found guilty of jointly committing the offence at Jalan Molek 3/2, Taman Molek, Johor Baru, between 4.30am and 7am on May 6, 2012.  

The High Court had acquitted and discharged the three following an appeal. The Court of Appeal today overturned the order of the High Court.

Justice Md Raus, who presided over the appeal with Court of Appeal judges Mohtarudin Baki and Ahmadi Asnawi, remitted the case to the Johor Baru High Court to hear the merits of the appeal.

“We allow the appeal; we set aside the order of the High Court in acquitting and discharging the respondents on the charge under Section 325 of the Penal Code.

“Since the merits of the appeal on the conviction of the respondents under Section 325 were not decided upon by the High Court, we remit the case to the High Court to be heard on its merits before another judge,” said Justice Md Raus.

He set Monday for the case to be mentioned at the Johor Baru High Court.

Originally, the three were charged under Section 326 of the Penal Code for causing grievous hurt with a blunt weapon, which carries a maximum 20-year jail sentence and fine or whipping upon conviction.

However, after hearing their defence, the Sessions Court amended the charge to Section 325 of the same code, which provides for a maximum seven-year jail sentence, with the offenders liable to a fine, upon conviction.

The High Court freed the trio after the defence argued that the amended charge was not drafted and read out to them.

Deputy public prosecutor Nahra Dollah prosecuted while counsel Mohd Isa Mohd Bashir appeared for Tunku Nick, Foo and Mohd Arif.

- Bernama

EDITOR's NOTE: The earlier report had described Tunku Nick as a member of the Johor royal family. The Johor Council of Royal Court has clarified he is not a member of the royal family. Malaysiakini apologises for the error.