JOHOR BAHRU: The high profile case of a man in Johor Bahru allegedly slapping a non-Muslim for eating in public during the Islamic holy month of Ramadan went to court on Wednesday (Mar 19).
And it turned out to be a day of several twists and turns, with the 65-year-old male suspect eventually claiming trial to a fresh charge of voluntarily causing hurt under Section 323 of the Penal Code.
The mini drama started in the morning at the Johor Bahru Magistrate’s Court, when Abdul Razak Ismail initially pleaded guilty to a charge of voluntarily causing hurt to 21-year-old Elijah Ling Zhao Zhong at a convenience store in a Johor Bahru shopping mall on Sunday.
Videos of the incident had gone viral, with at least two ministers condemning the alleged attack.
But not long after his guilty plea, Abdul Razak disputed the facts of the case that were read to him.
This pertained to how he had caused bruises on Ling’s cheeks from the slaps, as confirmed by a medical examination.
“I slapped him, but not hard enough to leave a bruise,” Abdul Razak told the court on Wednesday, as quoted by local news outlet New Straits Times.
That prompted Magistrate A Shaarmini to reject the guilty plea and ordered the case to go to trial.
“We do not accept a conditional guilty plea,” the judge said, despite Abdul Razak’s attempt to retract his words as he did not want to trouble his son.
But before a trial date could be set, the prosecution then requested for Abdul Razak to be given a discharge not amounting to an acquittal (DNAA).
Deputy Public Prosecutor Nur Fatihah Mohd Nizam informed the court that the accused would be re-charged after the Attorney General’s Chambers (AGC) reviewed the investigation papers in Putrajaya.
The DNAA would mean that while Abdul Razak is temporarily discharged from the criminal charges against him, the prosecution has the option to refile the charges or reinstate the case later if new evidence or circumstances arise.
The prosecution’s request was granted by the court.
The development quickly prompted some debate, with a member of parliament weighing in and urging the AGC to explain why Abdul Razak was granted a discharge.
Jimmy Puah, MP for Tebrau constituency in Johor, told news outlet Free Malaysia Today (FMT) that since the case has attracted a “great amount of public interest”, the AGC should assure the public that fresh charges would be filed soon.
“What is the reason for the DNAA? Was the charge defective? When will he be re-charged? This development does not inspire the confidence of the public,” he was quoted as saying by FMT on Wednesday.
In a statement on Wednesday afternoon, the AGC said that the discharge was given due to a technical issue with the initial charge on Wednesday morning.
The AGC added that the issue has since been resolved, though it did not elaborate on what it involves.
“The Attorney-General’s Chambers remains committed to ensuring that all parties receive fair justice in accordance with the provisions of the law,” it said in the statement, as quoted by the New Straits Times.
Abdul Razak was then charged again on Wednesday afternoon, and he pleaded not guilty this time.
On Sunday, the purported victim identified as Elijah on social media platform X shared two videos which showed a man in a black robe confronting him for allegedly eating openly during Ramadan at the Angsana Shopping Mall in Johor Bahru.
The 21-year-old X user claimed that the elderly man had asked him to show his identity card to prove that he was not a Muslim.
Elijah refused to show his identity card and claimed the elderly man slapped him “several times”.
National Unity Minister Aaron Ago Dagang called it a “provocative act” that went against the spirit of unity and harmony in Malaysia’s multicultural society while Religious Affairs Minister Na’im Mokhtar said that the incident “does not reflect the true teachings of Islam”.
The court has set Apr 29 for the next case mention, news outlet The Star reported.
If convicted, Abdul Razak could face a jail term for up to two years or a maximum fine of RM2,000 (US$450), or both.
