THE trial of Pantai Jerejak State Assemblyman (ASL) Fahmi Zainol, who is accused of voluntarily causing hurt to his wife last February, will resume on September 10.
Magistrate Chia Huey Ting set the date after Deputy Public Prosecutor Ikmal Affendi Zulkifly applied for an adjournment to obtain further instructions from the Attorney General's Chambers (AGC) during the proceedings at the Magistrate's Court today.
This was after complainant Nur Hidayah Abd Jabar, 35, informed the court that she had withdrawn her initial police report and did not wish to pursue the case.
In her judgment, Chia said the complainant’s withdrawal of the police report did not automatically mean that the criminal proceedings should not continue, as the prosecution had a duty to uphold justice.
Earlier, lawyer Dr Shamsher Singh Thind, who represented the accused, requested the court to drop the charge after claiming that the case no longer had any basis to continue following the complainant's testimony.
Shamsher said the complainant's testimony today also showed that there was a struggle between the couple, in addition to the complainant stating that the accused did not intend to hurt her and that the action was in self-defence.
“The witness (the complainant’s wife), when giving her statement earlier, had already told us that her husband had no intention; they were arguing, and the complainant had already admitted it.
“So, in the process, the witness also used the word ‘self-defence ’. She said he did not intend to hurt me (the wife). The witness said he had no intention of hurting her,” he said.
He also referred to several previous court decisions regarding the legal principles regarding the prosecution’s failure to present available evidence and the circumstances of a charge that was deemed unfounded.
However, Ikmal said that he needed to refer the matter to the AGC for instructions on whether the case should continue following the witness’s testimony.
Chia then allowed the prosecution’s application for further instructions and set September 10 as the date for the trial to continue, with all necessary witnesses being asked to attend.
It was earlier reported that Fahmi pleaded not guilty at the Balik Pulau Magistrate’s Court on February 27, 2026, to a charge of voluntarily causing hurt to his wife.
The charge was brought under Section 323 of the Penal Code and read together with Section 326A of the same code, which provides for a maximum prison sentence of two years or a fine of RM2,000 or both, if convicted.
As a result of the charge, Fahmi was stripped of his state exco post and PKR named Bukit Tambun assemblyman Goh Chook Aik as the successor – August 10, 2026
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