NST COURT WATCH: Malaysian courts hear cases from schoolboy's death to RM67.5mil jewellery dispute [WATCH]

KUALA LUMPUR: Malaysian courts heard a range of criminal and civil cases this week, from a schoolboy's death and sexual offences against a pupil to animal cruelty.

In Ipoh, a senior police officer was jailed seven years and six months for causing the death of a 17-year-old schoolboy in 2023.

In Putrajaya, the Court of Appeal sentenced a headmaster to 20 years in prison and 11 strokes of the rotan for producing pornographic material and sexually assaulting a 12-year-old pupil.

In Kuala Lumpur, a 26-year-old flight attendant was charged with murdering a maintenance company supervisor along the Sultan Iskandar Highway.

In George Town, two men were charged with animal cruelty for allegedly dragging a dog tied to a motorcycle. The dog, named Blacky, was also brought to court after recovering from her injuries.

In a civil case, a motorcyclist left bedridden and unable to speak after a road accident eight years ago was awarded RM1.94 million in damages.

Datin Seri Rosmah Mansor was also embroiled in a dispute with Lebanese jewellery firm Global Royalty Trading SAL over enforcement of a RM67.5 million judgment involving 43 missing pieces of jewellery.

Meanwhile, the Court of Appeal heard the Federal Government's challenge to part of a High Court ruling on Sabah's constitutional entitlement to 40 per cent of federal revenue derived from the state.

Here are some of the week's major court cases and developments.

SENIOR COP JAILED OVER SCHOOLBOY'S DEATH

Deputy Superintendent Mohd Nazri Abdul Razak, 47, was sentenced to seven years and six months in prison by the Ipoh High Court after pleading guilty to an amended charge of causing the death of a 17-year-old schoolboy.

He had initially been charged with murdering Muhammad Zaharif Affendi Muhd Zamrie, a Form Five student, near SMK Jati in Ipoh on Dec 15, 2023.

However, judge Datuk Bhupindar Singh Gurcharan Singh Preet amended the charge from murder under Section 302 of the Penal Code to culpable homicide not amounting to murder under Section 304(b) at the close of the prosecution's case.

Mohd Nazri pleaded guilty to the amended charge.

The court ordered his sentence to run from Dec 15, 2023, the date of his arrest.

He was also ordered to pay RM50,000 in compensation to the victim's father, Muhd Zamrie Zainal Abidin, 58. Failure to pay would result in an additional year in prison.

Muhammad Zaharif died after his motorcycle was struck by Mohd Nazri's car at a junction near his school.

HEADMASTER GETS 20 YEARS, 11 STROKES FOR SEXUAL OFFENCES

The Court of Appeal sentenced Anuar Kintan to 20 years in prison and 11 strokes of the rotan for producing pornographic material and sexually assaulting a Standard Six pupil five years ago.

A three-member bench chaired by Datuk Noorin Badaruddin dismissed the 59-year-old headmaster's appeal against his conviction and sentence of nine years in prison and eight strokes of the rotan for producing pornography involving the girl.

The court also allowed the prosecution's appeal against his acquittal on a separate charge of sexually assaulting the girl, who was 12 at the time.

Anuar received another 11 years in prison and three strokes of the rotan for the offence.

The appellate court ordered the prison terms to run consecutively, bringing his total sentence to 20 years.

It found no reason to overturn the High Court's decision on the pornography charge and rejected Anuar's alibi in the sexual assault case.

However, it upheld his acquittal on two other charges involving sexual offences against the girl.

Anuar, who had been on bail pending his appeal, was ordered to begin serving his sentence immediately.

FLIGHT ATTENDANT CHARGED WITH MURDER

Flight attendant Mohd Iman Nafiz Fong Mohd Sabirin, 26, was charged at the Kuala Lumpur Magistrate's Court with murdering maintenance company supervisor Faris Irfan Fazli, 29, along the Sultan Iskandar Highway at 4.09am on Oct 24.

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No plea was recorded when the charge was read before magistrate M.S. Arunjothy, as murder cases fall under the High Court's jurisdiction.

The charge under Section 302 of the Penal Code carries the death penalty or imprisonment of between 30 and 40 years, with at least 12 strokes of the rotan upon conviction.

Two days earlier, Iman had pleaded not guilty to two charges of driving under the influence of alcohol, allegedly causing Faris Irfan's death and injuring another worker in the same incident.

He was accused of driving with a blood alcohol concentration of 64mg per 100ml of blood, exceeding the legal limit of 50mg.

The court denied him bail on the murder charge and fixed Nov 30 for mention.

TWO MEN CHARGED WITH DRAGGING DOG BEHIND MOTORCYCLE

A mechanic and his friend were charged at the George Town Sessions Court with animal cruelty for allegedly dragging a dog tied to a motorcycle last month.

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Lee Beng Hooi and Yeoh Keat Chye, both 62, pleaded not guilty to causing unnecessary pain and suffering to a female black dog by dragging her along a road using a motorcycle.

The offence was allegedly committed in a back lane behind a row of terrace houses in Jalan Hijau 4 between 6.26pm and 6.30pm on Sept 23.

The charge under Section 29(1)(e) of the Animal Welfare Act, read together with Section 34 of the Penal Code, carries a fine of between RM20,000 and RM100,000, three years' imprisonment, or both, upon conviction.

Blacky, as the dog was named by her handler, was also brought to court. She had recovered from her leg injuries and appeared to be in high spirits.

The court was told that the Veterinary Services Department would apply to have her put up for adoption.

The incident came to light after a passer-by intervened and urged the men to stop dragging the dog.

BEDRIDDEN MOTORCYCLIST AWARDED RM1.94MIL AFTER CRASH

A motorcyclist left bedridden, unable to speak and dependent on his family for daily care after a road accident eight years ago was awarded RM1.94 million in damages by the Kulim Sessions Court.

Judge Mohd Azhar Hamzah found driver Asmah Hassan 90 per cent responsible for the May 27, 2018, accident, which left S. Kovarthan with severe brain injuries and permanent disabilities.

The court ruled that Asmah was negligent when she drove into the opposite lane to avoid traffic cones along a damaged section of road without first ensuring it was safe to do so.

Kovarthan was found 10 per cent contributorily negligent.

His injuries left him with severe physical and cognitive impairments, requiring extensive daily care.

The court considered his injuries, permanent disabilities and future care needs when assessing damages.

ROSMAH, JEWELLERY FIRM CLASH OVER RM67.5MIL JUDGMENT

The wife of Datuk Seri Najib Razak maintained that Lebanese jewellery firm Global Royalty Trading SAL's attempt to enforce a RM67.5 million judgment against her was premature because her appeal had yet to be heard.

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Rosmah said the firm's claim remained unsubstantiated and that the Court of Appeal was scheduled to hear her appeal on March 25 next year.

However, Global Royalty's lawyer, Datuk David Gurupatham, said Rosmah had failed to comply with the conditions imposed for a stay of execution.

He said she had failed to deposit RM67,461,027.37 into a stakeholder account within the stipulated one-month period.

On Sept 23, the Court of Appeal dismissed Rosmah's application for an unconditional stay of execution but ordered her to deposit the judgment sum as a condition of the stay.

Gurupatham maintained that filing an appeal did not automatically stay execution of a judgment.

COURT HEARS SABAH'S 40 PER CENT REVENUE DISPUTE

The Court of Appeal heard the Federal Government's challenge to part of a High Court ruling on Sabah's constitutional entitlement to 40 per cent of federal revenue derived from the state.

The proceedings at the Kota Kinabalu Court Complex concerned the period from 1974 to 2021, during which Sabah's special grant was not reviewed.

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On Oct 17 last year, the Kota Kinabalu High Court allowed a judicial review application by the Sabah Law Society over the state's revenue entitlement.

The High Court ordered the Federal Government to review Sabah's revenue entitlement with the state government for the 48-year period.

The Federal Government maintains that it does not dispute Sabah's constitutional entitlement under the 40 per cent formula.

Its appeal challenges findings in the High Court judgment concerning the period commonly referred to as the "lost years", including findings of constitutional breaches and abuse of power.

The case has drawn widespread attention because of its implications for Sabah's longstanding revenue claim.