Ustaz fined RM18,200 after pleading guilty to causing hurt to 13 individuals
by Jenne Lajiun · Borneo Post OnlineKOTA KINABALU (Dec 22): An ustaz was fined a total of RM18,200 after pleading guilty at the Magistrates’ Court here today to 13 counts of voluntarily causing hurt.
The accused, 38-year-old Saifur Rahman Mohd Ismail, was charged with causing injuries to 13 victims aged between 14 and 20 in an incident that allegedly occurred between 11.55pm and 11.58pm on Dec 14.
The incident took place in front of the Gaming Zone at Bandar Sierra near here.
Magistrate Dzu Elmy Yunus imposed a fine of RM1,400 for each charge, in default three months’ imprisonment.
The accused was charged under Section 323 of the Penal Code, which carries a jail term for up to one year, a fine of up to RM2,000 or both upon conviction.
He paid the fine.
The accused was represented by counsel Mohd Ari Nadzrah Abd Rahman.
In mitigation, Mohd Ari asked for a lenient sentence for his client, citing that the accused was a first time offender and that he was working as an ustaz in a non-profit organisation.
He also informed the court that the accused was angry after finding out that the victims left the hostel at around 11.30pm.
He also said that the victims merely suffered soft tissue injuries and bruises.
The counsel also informed that the police report was lodged by the police and not by the victims nor their parents.
Deputy Public Prosecutor, Fazriel Fardiansyah Abdul Kadir, however, urged the court to impose a deterrent sentence.
Fazriel said that the accused good intentions cannot justify unlawful conduct.
According to the facts of the case, a police report was lodged on Dec 15, at about 7.07pm after a video showing the accused hitting the victims was viralled.
Police investigations found that at 11.55pm on Dec 14, the accused allegedly assaulted the victims with a helmet in front of the Gaming Zone shop in Bandar Sierra.
He was allegedly unaware that his conduct was captured by closed circuit television (CCTV) cameras installed outside the premise.
The victims were taken to the Women and Children’s Hospital and Queen Elizabeth Hospital where they were confirmed to have suffered from soft tissues injuries, allegedly caused by the victim hitting them with a helmet.