Crime & Courts

Emilia Hanafi, ex-husband sealed years of dispute with outside court global settlement

KUALA LUMPUR: Years of attending numerous court proceedings at magistrate's court and Syariah court, here, both Emilia Hanafi and her ex-husband Datuk SM Faisal SM Nasimuddin Kamal have agreed to end their dispute by inking an outside court settlement today.

Lawyers Datuk Akberdin Abdul Kader who appeared for SM Faisal confirmed that both parties have amicably agreed to a settlement, after more than seven rounds of attempt to settle.

The matter of settlement was also confirmed by Emilia's lawyer Nizam Bashir when contacted by NST today.

This settlement meant that Emilia agreed to retract her police statement lodge against the prominent businessman in 2015 alleging him of assaulting her as well as putting a stop to all claims filed by both parties at Syariah court, including their muta'ah and conjugal property claims.

Akberdin said Emilia was also called to the stand earlier to confirm the matter in court before Magistrate Nadia Othman.

Emilia, in confirming the matter under oath to deputy public prosecutor Zahida Zakaria also informed the latter that her decision to settle was made voluntarily and without coercion, and that she understood that settling outside court meant that her police report would be retracted.

Nadia then ordered SM Faisal to be discharged and acquitted after releasing Emilia from the stand, as well as ordering SM Faisal's bail to be returned.

Before the settlement papers were inked, Akberdin had earlier relayed to the court that he had received instruction from his client to make a formal application under Mental Health Act 1983 as well as Evidence Act 1950, for the court to order Emilia to undergo a mental assessment.

The court then briefly adjourned after Akberdin relayed it, to give way to both parties to have a final negotiation on the settlement terms, before they signed the documents with the presence of their lawyers.

Emilia was initially scheduled to testify as the seventh witness against SM Faisal today. She has been taking the stand to testify since early February this year.

Previously, six witness has been called to testify against the prominent businessman including Emilia's sister Elisa Nani Hanafi and policeman Corporal Mahmood Riad Mohd Noor who manned Sri Hartamas police station front desk when Emilia lodged her police report on November 22, 2015.

SM Faisal was previously charged with voluntarily causing hurt to Emilia, 43, at a house in Desa Sri Hartamas, Brickfields here, between 12.30pm and 4.30pm on Nov 22, 2015.

His charge was framed under Section 323 of the Penal Code and punishable under Section 326A of the same code, which provides a maximum jail term of two years, a maximum fine of RM2,000 or both, upon conviction.

Emilia and SM Faisal, who have three children together – Fawwaz, Faiz and Farhan – were divorced in 2016 with Emilia maintaining full custody of their children and the latter given visitation rights.

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