PETALING JAYA: A pastry company and its director were charged in two Sessions Courts today with 12 counts of using a fake halal logo.
The company had supplied 366 assorted sandwiches that went viral after being sold at a convenience store in Universiti Malaya (UM) earlier this month.
The director of Shake and Bake Cafe Sdn Bhd, Ewe Sarn Yeun, 65, pleaded not guilty to all charges read out by the court interpreter before Judges Dr Sharliza Warnoh and Noor Ruzilawati Mohd Nor.
According to six of the charges, Ewe was accused of supplying 366 sandwich products in six flavours using the Malaysian halal logo to falsely indicate that the food was suitable for Muslims, contrary to Paragraph 4(1) of the Trade Descriptions (Halal Certification and Marking) Order 2011.
The food products involved were 50 mixed tuna sandwiches, 43 mixed potato sandwiches, 77 mixed chicken sandwiches, 74 egg mayo sandwiches, 66 ham & cheese sandwiches, and 56 chilli crabstick sandwiches.
The offences were allegedly committed at Shake and Bake Cafe Sdn Bhd, Sunway Damansara, at 12.50pm on Jan 10.
Ewe was charged under Paragraph 8(b) of the same law, which carries a maximum penalty of three years' jail and RM100,000 fine; and a fine of up to RM250,000, imprisonment of up to five years for subsequent offences.
Shake and Bake Cafe Sdn Bhd, represented by Ewe as its director, also pleaded not guilty to six similar charges at the same location, date, and time.
These charges fall under Paragraph 4(1) of the Trade Descriptions (Certification and Marking of Halal) Order 2011, with a maximum fine of RM200,000, or RM500,000 for subsequent offences, if convicted.
Meanwhile, Ewe, who holds permanent resident (PR) status in the United States, and his company also pleaded not guilty to a charge of using a registered trademark – the Malaysian halal logo – unlawfully on 366 sandwich packages at the same location, date, and time.
Ewe and Shake and Bake Cafe were charged under Section 100 of the Trademarks Act 2019 (Act 815) for committing an offence under Section 102(1)(c) of the same Act.
They are punishable under Section 102(1)(i) and Section 102(1)(ii) of the Act.
Under Section 102(1)(i), the offence carries a maximum fine of RM15,000, while Section 102(1)(ii) provides for a fine of up to RM10,000 per item bearing the falsely used trademark or imprisonment of up to three years, or both, upon conviction.
Earlier, Deputy Public Prosecutors Shafiq Mahadi and Hakiim Izani, representing the Domestic Trade and Cost of Living Ministry, proposed bail of RM60,000 for each charge, citing the public interest involved.
They also requested additional conditions, including that the accused surrender his passport to the court and report monthly to the ministry office in Putrajaya until the case is disposed of.
"This case, brought to court, follows a viral video on social media.
"The company and director charged here are suppliers of the items at the centre of this issue.
"This prosecution should send a message to other suppliers to avoid committing similar offences," Shafiq said.
Lawyer Hamdan Hamzah, representing Ewe and his company, requested a total bail of RM120,000 for all charges, highlighting his client's good reputation and cooperation with the ministry throughout the investigation.
"We emphasise that the public interest issue raised by the prosecution does not pertain to this accused, but rather to another company whose products went viral in the press and on social media, which does not involve Shake and Bake Cafe.
"My client is a permanent resident (PR) of the United States (US), while his family members are US citizens," he said.
He said the accused was contacted on Jan 15 to have his statement recorded on Jan 23 and returned from the US without delay on Jan 22.
After hearing arguments from both parties, Sharliza and Noor Ruzilawati set bail at RM130,000 with three sureties for all charges and imposed an additional condition that the accused must surrender his international passport to the court.
The court fixed March 5 for mention.