PUTRAJAYA – The Court of Appeal today struck out the prosecution’s appeal against the high court’s decision in substituting a 13-month jail sentence imposed on actor-cum-director Farid Kamil Zahari for using criminal force against a policeman with a fine of RM5,000.
The prosecution filed the appeal in a bid to reinstate the custodial sentence meted out on Farid Kamil by the Petaling Jaya magistrates’ court.
Deputy public prosecutor Eyu Ghim Siang also applied for extension of time for the prosecution to rectify the notice of appeal, which did not contain the signature of the head of the Appellate and Trial Unit in the Attorney-General’s Chambers, saying that it was an “oversight” by the prosecution.
However, it was also dismissed by the court’s three-member panel led by justice Datuk Hanipah Farikullah – on the grounds that the court’s deputy registrar had on three different occasions indicated to the prosecution the defect in the notice of appeal.
Justice Hanipah, who presided with justices Datuk Wira Ahmad Nasfy Yasin and Datuk M.Gunalan, subsequently struck out the appeal.
Earlier, Farid Kamil’s lawyer, Hisyam Teh Poh Teik, objected to the prosecution’s application, saying the deputy registrar had informed the prosecution three times about the defect in the notice of appeal, but they only filed the application for extension of time in May this year, which was a delay of five months.
Hisyam, assisted by co-counsel Kee Wei Lon, urged the court to strike out the prosecution’s appeal as the appeal was not proper.
Following today’s decision, the RM5,000 fine imposed on Farid Kamil by the high court for using criminal force against Constable Muhammad Nizam Jamaluddin to deter the policeman from discharging his duty, remains.
The actor was found guilty by the magistrates’ court on June 2, 2020 for using criminal force against the policeman and another charge of uttering improper words against the same policeman at the Kota Damansara traffic police station inquiry counter at 1.20pm on January 11, 2018.
He was sentenced to 13 months’ jail for the charge of using criminal force and four months’ jail for uttering improper words. He was ordered to serve the sentences concurrently.
However, following the actor’s appeal, the Shah Alam High Court, on August 24, 2021 replaced the 13-month jail term with a fine of RM5,000, while the four-month jail sentence was substituted with a fine of RM500.
On January 5, this year, Farid Kamil failed to obtain leave to pursue his appeal in the Court of Appeal against his conviction and the RM5,500 fine imposed on him by the high court for both of the offences.
On the same day, the prosecution also failed in its application to get an extension of time to file its petition of appeal and hence could not proceed with its appeal against the high court’s decision to substitute the four-month imprisonment term with a RM500 fine for the offence of uttering improper words. – Bernama, July 8, 2022
