PUTRAJAYA, Nov 15 ― A Johor royal family member was given a lesser jail sentence of two years and fined RM10,000 after the Court of Appeal today upheld his conviction for voluntarily causing hurt to national boxer Muhammad Farkha Mohd Haron five years ago.
A three-man panel comprising Datuk Mohd Zawawi Salleh, Tan Sri Idrus Harun and Datuk Yaacob Md Sam ordered Tunku Nick Tazuddin Izwan Syah Tunku Qadir to begin serving his jail sentence from today.
Justice Mohd Zawawi who chaired the panel had dismissed Tunku Nick Tazuddin's appeal on his conviction but allowed his appeal to reduce his jail term from four years to two years.
He also imposed RM10,000 fine in default one year’s jail term on 32-year-old Tunku Nick Tazuddin, who attended the proceeding wearing black shirt and black trousers.
In his decision, Mohd Zawawi said the Sessions Court judge was right in finding Tunku Nick Tazuddin guilty of the offence.
The judge, however, said that the four-year jail sentence meted out by the Sessions Court on Tunku Nick Tazuddin was inappropriate considering that there was an element of provocation.
He also said the six-week jail that Tunku Nick Tazuddin had served before he was allowed bail of RM20,000 and given a stay of execution on the sentence pending appeal, should also be taken into consideration.
On June 28, 2013, the Johor Bahru Sessions Court sentenced Tunku Nick Tazuddin, Alex Foo Hee Wee and Mohd Arif Husin each to four years’ jail after finding them guilty of jointly committing the offence against the boxer at Jalan Molek 3/2, Taman Molek, Johor Baharu, between 4.30 am and 7 am on May 6, 2012.
However, Foo has passed away and Mohd Arif, 40, who is facing a murder charge for an unrelated case, did not appeal against his conviction and jail term to the Court of Appeal on this matter.
The High Court acquitted all four and the prosecution appealed to the Court of Appeal which sent the matter back to the High Court before a different judge. The second High Court then upheld the Sessions Court's decision prompting Tunku Nick Tazuddin to appeal.
In the proceeding, Tunku Nick Tazuddin's counsel Mohd Daud Ismail argued that there was a provocation which the lower court did not take into consideration, adding that the victim was not totally innocent.
Deputy public prosecutor Kwan Li Sa countered by saying that the victim who had suffered injuries and was dragged into the boot of a car, was lucky to be alive.
It was reported that Muhamad Farkhan, 29, a gold medallist at the 2009 SEA Games in Laos, suffered a broken cheekbone and other injuries after being beaten up by a group of men.
After the court's verdict, Mohd Daud told reporters that his client would pay the fine. ― Bernama