Kota Kinabalu: A 63-year-old contractor was fined RM2,000 or one month’s jail by the Magistrate’s Court on Friday for slapping an acquaintance following a business investment dispute dating back about two decades.
Ardikal Awang Din pleaded guilty before Magistrate Marilyn Kelvin to voluntarily causing hurt to M.H. Subari, 63, at the City Mosque in Likas at about 1.15pm on Jan 24 this year.
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The prosecution told the court that after the complainant had finished performing Zohor prayers at the mosque, Ardikal, who was known to him, pulled him aside and slapped both sides of his face.
Members of the public intervened to stop the incident, after which the complainant lodged a police report.
Investigations revealed that the assault stemmed from a dispute over money Ardikal had invested with the complainant to start a business about 20 years ago.
However, the complainant denied that the money was a debt owed to Ardikal, maintaining that it was an investment made as part of a business partnership.
During the incident, the mosque’s security guard was also allegedly grabbed by the neck and threatened by Ardikal while attempting to intervene.
Closed-circuit television (CCTV) footage captured the complainant being slapped during the incident.
The complainant suffered facial pain and was referred to hospital for further treatment.
The offence was framed under Section 323 of the Penal Code, which carries a maximum jail term of one year, a fine of up to RM2,000, or both upon conviction.
In a separate case, a 27-year-old man was fined RM25 or three days’ jail for behaving in a threatening manner likely to cause a breach of the peace.
Abdul Gamis Musiuni pleaded guilty before Magistrate Wan Farrah Farriza Wan Ghazali to committing the offence outside a rented house in Putatan at about 5.15am on July 11.
The offence under Section 8(1)(e) of the Sabah Minor Offences Ordinance carries a fine of up to RM25 upon conviction.
The court heard from the prosecution that the complainant, a 29-year-old woman, suspected Abdul of peeping at her while she was taking a bath in the bathroom of a rented house in Kampung Dembilan Suang, Putatan.
However, no witnesses saw Abdul allegedly peeping at the woman.
A heated argument later broke out outside the rented house after the complainant confronted Abdul and challenged him to admit to the allegation.
The court heard that Abdul, angered by the exchange, went into his room, took a knife and attempted to come out again but was stopped by his mother.
However, the court was told that Abdul did not make any threats towards the complainant during the incident.
Deputy Public Prosecutor Akaash Singh and Inspector Yusdi Basri prosecuted.
