SEPANG (Oct 21): Malaysian Border Control and Protection Agency director general Datuk Seri Mohd Shuhaily Mohd Zain has been charged for hurting lower-ranking officers.
Shuhaily, 54, pleaded not guilty and claimed trial to the two counts of voluntarily causing hurt under Section 323 of the Penal Code before Magistrate Khairatul Animah Jelani.
The former Bukit Aman Criminal Investigation Department (CID) chief is accused of intentionally hurting Mohamad Faiz Saman, 40, and Muhammad Ekmal Sofwan, 25, in the afternoon of Sept 28.
If found guilty, he faces punishment of up to one year imprisonment, or a maximum of RM2,000 fine, or both.
Shuhaily was represented by a group of lawyers including former appellate court judge Datuk Yaacob Md Sam, Md Yunos Shariff, Rosal Azimin Ahmad, Datuk Baljit Singh Sidhu, Kitson Foong, Datuk Akberdin Abdul Kader, Datuk Ahmad Zaidi Zainal and Muhammad Rafique Rashid Ali.
Deputy public prosecutors (DPPs) Datuk Ahmad Sazali Omar, who is also the Selangor prosecution director, Shahrizat Ismail, Nor Azizah Aling and Nur Aqiilah Ahmad Rofaie appeared for the prosecution.
Bail set at RM3,000 for both charges, Shuhaily required to attend all pre-trial proceedings
Magistrate Khairatul set a total of RM3,000 bail with one surety for the charges.
Earlier, DPP Shahrizat suggested that bail be imposed at RM5,000 with sureties. They also asked for Shuhaily not to harass Mohamad Faiz and Muhammad Ekmal while awaiting trial.
Shuhaily's counsel Yaacob Sam said that his client showed up to court voluntarily to face the charges. The lawyer added that this was a bailable offence and asked for a personal bond to be imposed instead.
Lawyer Kitson Foong said that if the court is minded to grant bail, then RM1,000 would suffice.
He added that the offence under Section 323 is one of the lower offences in the Penal Code and reflects the gravity of the offence.
Foong also argued for no other bail conditions to be imposed, such as reporting to the police, or for his client's passport to be impounded.
"There is no need to report to the police because he shows up for duty every day. The court is aware of his whereabouts," Foong said, adding that Shuhaily was also not a flight risk as he is in charge of border control.
The court has fixed Nov 25 for the case to be called up next.
Magistrate Khairatul also denied Foong's application for Shuhaily to be exempted from attending future pre-trial case managements.
Shuhaily thanks those who rally behind him, gratified by show of support
Addressing the press earlier on Wednesday morning, Shuhaily thanked all the supportive messages he had received.
"I want to thank everyone who has voiced their support, be it through prayers, or text messages, from all segments of society.
"That gives me strength and confidence to go through this due process," he said.
Clad in a dark blue suit, Shuhaily also added that this would be his last public address for the court case and his lawyers would be addressing the press moving forward.
Officers who were allegedly intentionally hurt will also file civil suit seeking damages
Speaking to the press, lawyers Kamal Hisham Ja'afar and Muhammad Nor Tamrin, representing the lower ranked police officers, said that they will also be initiating a civil suit against Shuhaily for damages due to physical and mental injuries sustained by their clients.
They also voiced their confidence in the courts to adjudicate the case fairly, adding that they would refrain from making any statements moving forth, out of respect for the judicial process.
The duo said that they have taken on this case on a pro-bono basis and stressed that there was no third-party interference.
The lawyers also held a watching brief over Wednesday's proceedings.