NST COURT WATCH: Shuhaily charged, Teresa Kok wins suit, Jovian loses appeal & Papagomo acquitted [WATCH]

MCBA chief and former Temerloh police chief charged in separate cases

KUALA LUMPUR: Malaysia Border Control and Protection Agency director-general Datuk Seri Mohd Shuhaily Mohd Zain made headlines after becoming the first high-ranking officer of the agency to be charged with assaulting two Special Branch policemen.

Shuhaily, 54, appeared calm as he faced two charges of voluntarily causing hurt to lance corporals Muhammad Ekmal Sofwan Driman, 25, and Mohamad Faiz Saman, 40.

He appeared before magistrate Khairatul Animah Jelani at the Sepang court complex, about three weeks after a video allegedly showing him assaulting the duo, who are travel control officers at Kuala Lumpur International Airport (KLIA).

If convicted under Section 323 of the Penal Code, Shuhaily faces a maximum jail term of one year, a fine of up to RM2,000, or both.

He was released after a family friend posted bail of RM1,500 with one surety for each charge. He is set to return to court for case management on Nov 25.

Below are the other major court cases this week

FORMER TEMERLOH POLICE CHIEF JAILED FOR BRIBERY

On Wednesday, former Temerloh police chief Superintendent Mohd Azhar Mohd Yusoff was sentenced to eight months in jail after being found guilty of 46 counts of accepting bribes totalling RM69,600 between 2019 and 2023.

Temerloh Sessions Court judge Sazlina Safie ruled that the 56-year-old failed to raise reasonable doubt over the prosecution's case that he had received the money through online transfers into his bank account over nearly four years and had abused his authority for personal gain.

The court rejected a plea by his lawyer, Datuk M. Athimulan, for a fine instead of jail, arguing that the conviction itself could cost his client his job, pension and other benefits accumulated throughout his 36-years service.

Azhar was granted a stay of execution pending appeal, with the court increasing his bail by RM5,000 to RM30,000.

JOVIAN LOSES APPEALS

On Tuesday, the Court of Appeal dismissed fashion designer Datuk Jovian Mandagie's appeals against summary judgments obtained by Bina Pragmatik Sdn Bhd and Cekap Air Sdn Bhd in a 2-1 majority decision.

The ruling upheld the High Court decisions ordering Jovian to repay RM10 million in alleged friendly loans from the two companies, together with RM60,000 in costs.

Judge Datuk Wong Kian Kheong, who chaired the panel, and Datuk Seri Mohd Firuz Jaffril found that Jovian had failed to provide sufficient evidence to support his claim that the money was intended as business investments rather than loans.

However, dissenting judge Datin Evrol Mariette Peters said the transfer of money into law firms' client accounts did not, in itself, establish that the payments were loans.

She also noted that neither company had produced contemporaneous written documents establishing the alleged loan agreements, while the letters of demand issued to Jovian did not refer to the purported arrangements.

COUPLE SENT TO THE GALLOWS

A couple known as Ah Long Harimau was sentenced to death by the Federal Court for murdering 38-year-old Heng Heow Lin in Sibu, Sarawak in 2020, over a RM800 debt.

Judges Datuk Azizah Nawawi, Datuk Rhodzariah Bujang and Datuk Collin Lawrence Sequerah unanimously dismissed the final appeal of Seow Pei Chee and her husband Cheung Chia Ming, both 44.

The court heard that the victim was repeatedly abused and strangled before her body was stuffed into luggage and dumped by the roadside over the debt.

The couple had pushed Heng and her daughter into prostitution, kept the earnings and assaulted them when their collection was too little.

TYCOON CLAIMS TRIAL OVER RM10 MILLION CHEATING CHARGES

Businessman Tan Sri Tan Kean Soon, 63, pleaded not guilty at the Sessions Court to four counts of cheating fellow businessman Datuk Seri Keh Chuan Seng, 55, of RM10 million by allegedly misleading him into believing he could resolve issues involving frozen bank accounts and a police investigation linked to money laundering.

Tan allegedly induced Keh to hand over RM2 million, RM3 million, S$1.5 million and RM500,000 through Datuk Seri Chiau Beng Teik.

The charges, under Section 420 of the Penal Code, carry imprisonment of between one and 10 years, whipping and a fine upon conviction.

Judge Azrul Darus granted Tan bail of RM1 million with one surety, despite the prosecution's objection to bail given the non-bailable nature of the offence and the RM10 million involved.

TERESA KOK WINS DEFAMATION SUIT AGAINST AKMAL, AWARDED RM250,000

Seputeh member of parliament Teresa Kok won her defamation suit against Umno Youth chief Datuk Dr Muhamad Akmal Saleh at the Melaka High Court on Oct 19 over his remarks aimed at her on the country's halal certification issue.

Judicial Commissioner Datuk Isa Aziz Ibrahim ordered Akmal to pay RM250,000 in general and aggravated damages as well as RM50,000 in costs.

In the 2024 suit, Kok claimed Akmal had defamed her in two articles published on a news portal, titled "Akmal: Saya Minta Kerajaan Sediakan Logo Non-Halal, Tampal Pada Dahi Teresa" and "UMNO Youth Chief swipes at 'old Nyonya' Teresa over halal cert".

The court also ordered Akmal to remove the video from his social media accounts within seven days and permanently restrained him from republishing the defamatory statements or words to the same effect.

PAPAGOMO FREED ONCE AGAIN, A-GC TO APPEAL

Blogger Wan Muhammad Azri Wan Deris, better known as Papagomo, has been acquitted and discharged for the second time over alleged remarks that the government was pro-Israel.

The 43-year-old was freed by Sessions Court judge Siti Aminah Ghazali at the end of the defence case on Monday, after she found that the defence had raised reasonable doubt in the prosecution's case.

She had previously freed Wan Azri at the close of the prosecution's case before the High Court remitted the case back to Siti Aminah after ruling that a prima facie had been established.

However, the Attorney-General's Chambers (A-GC) has decided to appeal against the acquittal, setting the stage for another round of legal proceedings.

He was charged with making the allegedly seditious remarks on the Facebook page of Halid Hamidi at 1pm on Nov 8, 2023.

The charge framed under Section 4(1)(b) of the Sedition Act 1948, carries a maximum fine of RM5,000, a jail term of up to three years, or both upon conviction.

LEE ZII JIA SETTLES FAMILY DISPUTE, COMPANY TO HOLD EGM

Professional shuttler Lee Zii Jia drew attention at the Kuala Lumpur High Court on Tuesday when he appeared for mediation over a family dispute involving his company, LZJ Management Sdn Bhd.

The dispute was resolved through an amicable settlement, with High Court judge Leong Wai Hong recording a consent judgment on Oct 20.

Under the agreement, the company must hold an extraordinary general meeting (EGM) on Oct 31, with the costs to be borne by the company.

Pending the meeting, Lee's father, Lee Chee Hin, 59, and elder sister, Lee Zii Yii, 30, are restrained from approving or authorising directors' fees, allowances, bonuses or other financial benefits for themselves, apart from their monthly salaries.

They are also barred from making decisions that could materially affect the company's management, administration or control without prior court approval.

Lee, 28, filed the originating summons on July 2, naming LZJ Management, his father, sister and younger brother, Lee Tao, 25, as respondents. The court made no order as to costs, following the settlement between the parties.