GEORGE TOWN: A stall assistant at the Tun Sardon Market here was charged at two Sessions Courts here today with abusing seven of his children last year.
Muhamad Faizal Abdul Kudus, 42, claimed trial to all the charges that were read to him by the court interpreters before Judge Mazdi Abdul Hamid and Norsalha Hamzah.
The children included six girls and a boy, aged between 5 and 14.
Muhamad Faizal also claimed trial to an eighth charge at another Magistrate's Court here with voluntarily causing hurt to his Singaporean wife, Ummu Nabila Md Ehwan, 42, by hurting her neck and body.
All the charges were allegedly committed at their home in Mutiara Idaman, Jelutong here between January and December 2021.
At Mazdi's court, Muhamad Faizal claimed trial to four counts of abusing his three daughters and a son by causing them injury on their body and neglecting their health.
At Norsalha's court, Muhamad Faizal claimed trial to three counts of abusing his three daughters by causing them injury on their body and neglecting their health.
All the charges were framed under Section 31(1)(a) of the Child Act 2001 (Act 611).
At Mazdi's court, Deputy Public Prosecutor Rais Imran Hamid did not offer bail due to the relationship between the accused and the victims. He urged the court to fix a date for mention pending medical report.
"We are worried that the accused may disturb the witnesses. Also, the victims in this case are underaged," he told the court.
Muhamad Faizal's lawyer, Md Yusuf Md Idris appealed to the court for bail, stressing that his client was only earning RM1,200 as a stall assistant in the market, and that he has a wife, who is not working, and nine children.
He said his client was also suffering from chronic diabetes, asthma and high blood pressure, all of which needs daily treatment.
"The law is clear, in that if the prosecution does not offer bail, the court has a discretion to decide on the matter.
"We also need to uphold the principle that one is not guilty until and unless proven so. In this case, my client should be given the chance to defend himself from the charges against him.
"Imagine if bail is not allowed and he is sent to jail now, and at the end of the case, he if found not guilty. This will cause irreparable damage to my client," he added.
He also said that any possibility of disturbing the witnesses in this case remains a speculation at this point in time.
"If that is the case, then the court can impose several conditions.
"Lastly, there was an application from the Welfare Department for an interim protection order yesterday. This means that the safety of the victims and witnesses are guaranteed.
"In the event my client fail to abide by the conditions set, the court can always revoke the bail," he said.
Md Yusuf also told the court that his client would be staying with his brother after this.
Rais continued to press on the safety of the witnesses in this case.
"Nevertheless, we leave it to the court to decide. If bail is granted, then our request is that the accused, his family members or agents should not tamper with the witnesses," he added.
Mazdi then set bail at RM9,000 with one surety and imposed three conditions.
Firstly, he said, the accused must report himself to the nearest police station to his house on the 1st and 15th of every month until the end of his case.
He also ordered the accused to hand over his passport to the court.
"Also, the accused, his family members, friends or anyone for the matter are not to disturb the victims and witnesses in this case or will have his bail revoke. He is also prevented from staying with the victims," he added, before fixing Feb 11 for mention.
At Norsalha's court, she set bail at RM8,000 for each of the three charges with two conditions imposed.
"You are not to go near the victims and you are to report yourself at the nearest police station," she added.
She also set Feb 11 as mention date.
Deputy Public
Prosecutor Muhammad Shahrezal Mohd Shukry prosecuted.
Altogether, both Sessions Courts imposed a total of RM60,000 bail on the accused
Meanwhile, at the Magistrate's Court, Muhamad Faizal claimed trial to a single charge of injuring his wife on the neck and body at the same place and time.
The charge was framed under Section 323 of the Penal Code, read together with Section 326(a) of the Penal Code.
Deputy Public Prosecutor Syairah Aqilah Khalil urged the court to set bail at RM4,000 with one surety.
Magistrate Rosnee Mohd Radzuan then set bail at RM3,000 with one surety and fixed Feb 11 for mention.
She also ordered Muhamad Faizal not to disturb the victim.